1. Short title This Act may be cited as the EEOC Transparency and Accountability Act . 2. Approval of EEOC litigation commencement, intervention, or participation Section 705 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 ) is amended by adding at the end the following: (l) (1) The Commission shall decide by majority vote— (A) whether the Commission will commence or intervene in litigation, for— (i) each case involving an allegation of systemic discrimination or a pattern or practice of discrimination; (ii) each case for which the litigation is expected to involve a major expenditure of agency resources, including staffing and staff time, or expenses associated with extensive discovery or expert witnesses; (iii) each case presenting an issue on which the Commission has taken a position contrary to precedent in the Judicial Circuit of the United States in which the case will be or has been filed; (iv) each case presenting an issue on which the General Counsel proposes to take a position contrary to precedent in the Circuit in which the case will be or has been filed; and (v) each case that the General Counsel reasonably believes to be appropriate for a Commission decision on such commencement or intervention, including— (I) cases that implicate areas of the law that are not settled; and (II) cases that are likely to generate public controversy; (B) for each recommendation regarding whether the Commission will participate as amicus curiae in a case, whether the Commission will so participate