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Norton and Connolly Express Serious Concern on New Quotas and Procedures for Administrative Judges in the Equal Employment Opportunity Commission

March 5, 2019

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) and Congressman Gerald Connolly (D-VA) today sent a letter to the U.S. Equal Employment Opportunity Commission (EEOC) Chair Victoria Lipnic expressing "serious concerns" about unattainable performance standards as well as a new pilot program. Norton, a former chair of the EEOC, and Connolly said that high quotas could prevent administrative judges "from spending the necessary time to find discrimination" when warranted by the evidence, thus denying due process. The Members also objected to a pilot program requiring a 15-day notice be sent prior to an initial conference that could result in judgment, especially against pro se complainants.

"Together, these two processes sacrifice due process in the name of efficiency and will likely lead to fewer cases being fully heard and make it harder for legitimate cases of employment discrimination to be adjudicated," Norton said. "Further, setting never before achieved quotas and markers will not yield the desired results."

"The EEOC has a critical mission to investigate and adjudicate discrimination complaints," Connolly said. "It must not sacrifice due process and a fair and objective process for expediency and flawed quotas. Congressional oversight is a good first step in protecting this process."

Full text of the letter can be found here.