[Congressional Record Volume 167, Number 86 (Tuesday, May 18, 2021)]
[Senate]
[Pages S2569-S2570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, 
   UNITED STATES CODE, OF THE RULE SUBMITTED BY THE EQUAL EMPLOYMENT 
      OPPORTUNITY COMMISSION RELATING TO ``UPDATE OF COMMISSION'S 
              CONCILIATION PROCEDURES''--Motion to Proceed

  Mrs. MURRAY. Mr. President, right now, Democrats are hard at work 
building back an economy that works for everyone, not just those at the 
top. We are committed to fighting for workers. And we have big, bold 
ideas to do that, like establishing national paid sick, family and 
medical leave policies; rebuilding our childcare infrastructure; 
raising the Federal minimum wage to $15 an hour; ending the wage gap; 
and strengthening our Nation's labor laws.
  But after 4 years of nonstop attacks on workers' rights, it is also 
critical that we undo the damage done by the Trump administration. So I 
am urging my colleagues to join me in voting to overturn a Trump 
administration rule that imposed strict limits on the Equal Employment 
Opportunity Commission's ability to address workplace discrimination.
  The EEOC is a critical Agency. It is responsible for holding 
employers accountable for following workplace discrimination laws. And 
when they don't, it is one of the few places a worker can go to make 
sure they get a fair hearing, accountability, and justice. But in 
January, the Trump administration's Republican Commissioners voted to 
finalize a rule that tipped the scales in favor of employers in EEOC's 
process to settle discrimination cases.
  That rule gave employers access to information about the worker's 
case, but not the other way around. It made it easier for employers to 
demand the identity of victims and witnesses, increasing the risk of 
retaliation. And it was set to worsen the backlog of cases at the EEOC, 
forcing workers to wait longer for justice. Put simply, that rule was 
designed to make it easier for employers to delay or deny justice to 
workers who have experienced discrimination on the job.
  We cannot accept a system that is designed to let employers get away 
with violating workers' rights. So we absolutely cannot let this rule 
stand. Let's overturn this rule and restore a fair settlement process 
for the tens of thousands of workers who file discrimination charges 
with the EEOC each year.
  This is a small but important step in the fight to build a more fair 
and inclusive economy for all workers, and I believe every one of us 
who thinks workers deserve to do their jobs free from harassment and 
discrimination can support this.
  Thank you.
  Mr. President, I move to proceed to S.J. Res. 13.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The bill clerk read as follows:

       Motion to proceed to Calendar No. 33, S.J. Res. 13, a joint 
     resolution providing for congressional disapproval under 
     chapter 8 of title 5, United States Code, of the rule 
     submitted by the Equal Employment Opportunity Commission 
     relating to ``Update of Commission's Conciliation 
     Procedures''.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion to 
proceed.
  Mrs. MURRAY. I ask for the yeas and nays.

[[Page S2570]]

  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. THUNE. The following Senator is necessarily absent: the Senator 
from Alaska (Ms. Murkowski).
  The result was announced--yeas 50, nays 49, as follows:

                      [Rollcall Vote No. 194 Leg.]

                                YEAS--50

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Leahy
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                                NAYS--49

     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                             NOT VOTING--1

       
     Murkowski
       
  The motion was agreed to
  The PRESIDING OFFICER (Mr. Peters).
  The clerk will report the bill by title.

                          ____________________