COLUMBIA, MD–September 19, Berkshire’s Director of Regulatory Affairs, Lynn Clements, testified before the U.S. House of Representatives Subcommittee on Workforce Protections regarding three pending bills that impact the Equal Employment Opportunity Commission (EEOC): the Transparency and Accountability Act (H.R. 4959), the Litigation Oversight Act of 2014 (H.R 5422), and the Certainty in Enforcement Act of 2014 (H.R. 5423) on Wednesday, September 17, 2014.
With almost 20 years of experience as an HR consultant, lawyer at several management-side law firms, and former staff member at the EEOC and United States Department of Labor (DOL), Clements’ testimony focused on three areas: (1) her experiences in recent Commission investigations and conciliations on behalf of employers; (2) the Commission’s decision to delegate its litigation authority to its General Counsel; and (3) the Commission’s recent enforcement strategy related to an employer’s use of criminal background screens during the employment process.
Clements’ testimony recounts her experiences in recent EEOC investigation and conciliations on behalf of a wide range of employers. Her testimony also included valuable recommendations on why the EEOC should return to having the Commissioners review most litigation before it is filed. She states, “In some cases during my tenure, Commissioner review was the difference between an early resolution and scorched earth litigation.” In her testimony, she also explained the impact of the Commission’s position regarding criminal background screens on employers who also must comply with other federal, state, and local laws that place restrictions on hiring.
Clements concluded her testimony with thoughtful recommendations, “If we are to succeed in the fight for equal employment opportunity, we need an EEOC that garners the respect of both workers and the regulated community, where the policy is first to “conciliate” in good faith and only then to litigate…I encourage Congress to use its authority to reinstate some of these much needed safeguards at the EEOC.”
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About Lynn Clements:
As Director of Regulatory Affairs for Berkshire Associates Inc., Lynn Clements provides guidance on regulatory strategies, and conducts analyses and expert interpretation of Office of Federal Contract Compliance Programs (OFCCP) policies and requirements. Previously, Lynn served as Acting Director/Deputy Director of the Policy Division of OFCCP, as policy advisor at Equal Employment Opportunity Commission (EEOC), and more recently, a shareholder at a management-side employment law firm where she advised on a wide range of OFCCP and EEO compliance issues.
About Berkshire Associates:
Berkshire Associates is a human resources consulting and technology firm, specializing in helping companies build the ideal, balanced workforce. As an industry leader, Berkshire provides the latest tools and services for affirmative action, applicant management, compensation management, workforce planning, diversity, and professional training. For over 30 years, Berkshire has serviced the nation’s most recognizable companies; and as a result has mastered providing clients with cost-effective solutions to everyday human resources challenges.