House and Senate Appropriations Committees Approve EEOC Funding with Restrictions (and Concerns)

 

Source:  Ilyse Schuman , DC Employment Law Update

The House Appropriations Committee approved, by voice vote, a bill (pdf) that would provide nearly $367 million for the Equal Employment Opportunity Commission for fiscal year 2013, with an amendment that would prevent any of this funding from being used to implement and enforce the EEOC’s final rule that amends its Age Discrimination in Employment Act (ADEA) regulations to clarify the reasonable factors other than age (RFOA) defense in disparate impact cases.  The text of the amendment reads as follows:

None of the funds made available by this Act may be used to implement, administer, or enforce the final regulations on ‘‘Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act’’ published by the Equal Employment Opportunity Commission in the Federal Register on March 30, 2012 (77 Fed. Reg. 19080 et seq.).

The Senate Appropriations Committee approved a bill that would provide the EEOC with $373.7 million.  The Senate's version includes report language expressing the Committee’s concern about EEOC’s plans to issue new guidance on the use of criminal and credit background checks in the employment context that” may limit the ability of conscientious employers to hire with confidence and create conflict with Federal and State laws.” The Senate Report “urges EEOC to use litigation resources more wisely by operating within the bounds of the law, and directs that stakeholders be engaged in discussion about the intended changes to background check guidance, and that new guidance on the use of criminal background checks and credit checks be circulated for public input at least 6 months before adoption.” 
If the House version is ultimately approved, both chambers’ bills will need to be reconciled.