EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

29 CFR Ch. XVI 

Semiannual Regulatory Agenda 

AGENCY: Equal Employment Opportunity Commission. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Equal Employment Opportunity Commission (EEOC or Commission) is publishing its 

semiannual regulatory agenda pursuant to Executive Order 12866, 58 FR 51735, and the Regulatory 

Flexibility Act, 5 U.S.C. chapter 6. The agenda lists all regulations that are scheduled for review or 

development during the next 12 months or that have been finalized since the publication of the last 

agenda. 

FOR FURTHER INFORMATION CONTACT: Peggy R. Mastroianni, Legal Counsel, Office of Legal 

Counsel, Equal Employment Opportunity Commission, 131 M Street NE., Washington, DC 20507; 

telephone (202) 663-4609. 

SUPPLEMENTARY INFORMATION: The Commission has identified nine items in this regulatory 

agenda. EEOC’s regulatory agenda is published online at www.reginfo.gov and www.regulations.gov. 

Signed in Washington, DC, this 4th day of March 2014. 

1

Regulations.gov Friday, May 23, 2014 Unified Agenda
For the Commission 

NAME: Jacqueline A. Berrien,

Chair. 

2

Regulations.gov Friday, May 23, 2014 Unified Agenda
The 9 Regulatory Agendas

Equal Employment Opportunity Commission - PreRule

Title

Regulation 

Identifier 

Number

Revisions to the Federal Sector's Affirmative Employment Obligations Regarding Individuals with Disabilities Under

Section 501 of the Rehabilitation Act of 1973, as Amended 3046-AA94

Federal Sector Equal Employment Opportunity Process 3046-AB00

Equal Employment Opportunity Commission - Proposed Rule

Title

Regulation 

Identifier 

Number

Revisions to Procedures for Complaints or Charges of Employment Discrimination Based on Disability Subject to the

Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973 3046-AA91

Revisions to Procedures for Complaints/Charges of Employment Discrimination Based on Disability Filed Against

Employers Holding Government Contracts or Subcontracts 3046-AA92

Revisions to Procedures for Complaints of Employment Discrimination Filed Against Recipients of Federal Financial

Assistance 3046-AA93

Revision of Federal Sector Regulation on Time Limits for Filing a Civil Action 3046-AA97

Amendments to Regulations Under the Americans With Disabilities Act 3046-AB01

Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008 3046-AB02

Equal Employment Opportunity Commission - Completed Action

Title

Regulation 

Identifier 

Number

Adjusting the Penalty for Violation of Notice Posting Requirements 3046-AA98

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA94

 View Related Documents

Title: Revisions to the Federal Sector's Affirmative Employment Obligations Regarding Individuals with Disabilities Under

Section 501 of the Rehabilitation Act of 1973, as Amended

Abstract: Section 501 of the Rehabilitation Act, as amended (Section 501), prohibits discrimination against individuals with

disabilities in the Federal Government. The EEOC's regulations implementing section 501, as set forth in 29 CFR part 1614,

require Federal agencies and departments to be "model employers" of individuals with disabilities.1 The Commission intends to

issue an Advance Notice of Proposed Rulemaking that seeks public comments on whether and how the existing regulations

could be improved to provide more detail on what being a "model employer" means and how Federal agencies and

departments should "give full consideration to the hiring, placement and advancement of qualified individuals with disabilities."2

The EEOC's review of the comments and potential revisions would be informed by the discussion in Management Directive 715

of the tools Federal agencies should use to establish goals for the employment and advancement of individuals with disabilities.

The EEOC's review of the comments and potential revisions would also be informed by and consistent with the goals of

Executive Order 13548 to increase the employment of individuals with disabilities and the employment of individuals with

targeted disabilities. __________________ 1 29 CFR 1614.203(a). 2 Id.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1614.203(a) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 791(b)

Legal Deadline: None

3

Regulations.gov Friday, May 23, 2014 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 

ANPRM 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 3046-AA73

Agency Contact: Christopher Kuczynski 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4665 

TDD Phone: 202 663-7026

FAX: 202 663-4679

E-Mail: christopher.kuczynski@eeoc.gov

Agency Contact: Aaron Konopasky 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4127 

FAX: 202 663-4679

E-Mail: aaron.konopasky@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AB00

 View Related Documents

Title: Federal Sector Equal Employment Opportunity Process

Abstract: In July 2012, the Commission published a final rule containing 15 discrete changes to various parts of the Federal

sector EEO complaint process, and indicated that the rule was the Commission's initial step in a broader review of the Federal

sector EEO process. The Commission intends to develop an Advance Notice of Proposed Rulemaking (ANPRM), which would

seek public input on additional issues associated with the Federal sector EEO process.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1614 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 206(d); 29 USC 633a; 29 USC 791; 29 USC 794; 42 USC 2000e-16; EO 10577; EO 11222; EO

11478; EO 12106; Reorganization Plan No. 1 of 1978; 42 USC 2000ff-6(e)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Thomas J. Schlageter 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4668 

FAX: 202 663-4679

4

Regulations.gov Friday, May 23, 2014 Unified Agenda
E-Mail: thomas.schlageter@eeoc.gov

Agency Contact: Gary Hozempa 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4666 

FAX: 202 663-4679

E-Mail: gary.hozempa@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA91

 View Related Documents

Title: Revisions to Procedures for Complaints or Charges of Employment Discrimination Based on Disability Subject to the

Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973

Abstract: The EEOC has a joint regulation with the Department of Justice (DOJ) to explain how Federal agencies that provide

financial assistance should process disability-based employment discrimination complaints/charges against entities subject to

both title I of the Americans with Disabilities Act, as amended (ADA) (prohibiting disability-based employment discrimination by

employers with 15 or more employees), and section 504 of the Rehabilitation Act (Section 504) (prohibiting disability-based

discrimination in programs or activities receiving Federal financial assistance).1 This proposed rule would amend this joint

regulation to revise the definitions of certain terms and clarify the procedures for referring these complaints/charges between

agencies with responsibility for enforcing title I of the ADA and section 504. In drafting this regulation, EEOC will explore ways

to make it more consistent with two other coordination regulations (29 CFR part 1641 and 29 CFR part 1691), as well as with

the recently revised Memorandum of Understanding (MOU) between the EEOC and the Department of Labor's Office of Federal

Contract Compliance Programs (OFCCP). This MOU addresses the investigation and processing of complaints or charges

alleging employment discrimination that may fall within the jurisdiction of title VII of the Civil Rights Act of 1964, as amended,

and/or Executive Order 11246. ____________________ 1 The proposed rule would also incorporate provisions established by

the DOJ's rule on title II of the ADA (which prohibits discrimination on the basis of disability in all programs and activities of

State and local government entities) for coordinating the processing of discrimination complaints that: (1) Fall within the

jurisdiction of title II and title I (but are not covered by section 504); and (2) fall within the jurisdiction of title II, but not title I

(whether or not they are covered by section 504). See 28 CFR 35.171(b)(2) and (3). The revisions described above would not

impact the portions of the regulation addressing title II.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1640 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 29 USC 794(d); 42 USC 12117(b); EO 12067

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 3046-AA92;

Related to 3046-AA93 Related Agencies: Joint: DOJ

Agency Contact: Corbett L. Anderson 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4579 

FAX: 202 663-4679

E-Mail: corbett.anderson@eeoc.gov

Agency Contact: Kerry Leibig 

Senior Attorney Advisor, Office of the Legal Counsel

Equal Employment Opportunity Commission

5

Regulations.gov Friday, May 23, 2014 Unified Agenda
131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4516 

FAX: 202 663-4679

E-Mail: kerry.leibig@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA92

 View Related Documents

Title: Revisions to Procedures for Complaints/Charges of Employment Discrimination Based on Disability Filed Against

Employers Holding Government Contracts or Subcontracts

Abstract: The EEOC has a joint regulation with the Department of Labor's Office of Federal Contract Compliance Programs

(OFCCP) to coordinate the processing of disability-based employment discrimination complaints/charges filed against employers

holding Government contracts or subcontracts, where the complaints/charges appear to state a claim under both section 503 of

the Rehabilitation Act (Section 503) (requiring affirmative action and prohibiting disability-based employment discrimination by

Federal Government contractors and subcontractors), and title I of the ADA (prohibiting disability-based employment

discrimination by employers with 15 or more employees). This proposed rule would amend this joint regulation to revise the

definition of certain terms and clarify the procedures for referring these complaints/charges between the agencies with

responsibility for enforcing section 503 and title I of the ADA. In drafting this regulation, EEOC will explore ways to make it more

consistent with two other coordination regulations (29 CFR part 1640 and 29 CFR part 1691), as well as with the recently

revised Memorandum of Understanding between EEOC and OFCCP. This MOU addresses the investigation and processing of

complaints or charges alleging employment discrimination that may fall within the jurisdiction of title VII of the Civil Rights Act of

1964, as amended and/or Executive Order 11246.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12117(b); EO 12067

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 3046-AA91;

Related to 3046-AA93 Related Agencies: Joint: OFCCP;Joint: DOJ

Agency Contact: Corbett L. Anderson 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4579 

FAX: 202 663-4679

E-Mail: corbett.anderson@eeoc.gov

Agency Contact: Kerry Leibig 

Senior Attorney Advisor, Office of the Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4516 

FAX: 202 663-4679

E-Mail: kerry.leibig@eeoc.gov

6

Regulations.gov Friday, May 23, 2014 Unified Agenda
Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA93

 View Related Documents

Title: Revisions to Procedures for Complaints of Employment Discrimination Filed Against Recipients of Federal Financial

Assistance

Abstract: The EEOC has a joint regulation with the Department of Justice (DOJ) to explain how Federal agencies that grant

financial assistance or revenue sharing funds should process complaints of employment discrimination subject to various EEO

statutes if the complaints allege discrimination that is also prohibited by title VII of the Civil Rights Act of 1964, as amended

(Title VII), or the Equal Pay Act of 1963 (EPA).1 This proposed rule would amend this joint regulation to revise the definitions of

certain terms and clarify the procedures for handling these complaints. In drafting this regulation, EEOC will explore ways to

make it more consistent with two other coordination regulations (29 CFR part 1640 and 29 CFR part 1641), as well as with the

recently revised Memorandum of Understanding (MOU) between EEOC and the Department of Labor's Office Federal Contract

Compliance Programs. This MOU addresses the investigation and processing of complaints or charges alleging employment

discrimination that may fall within the jurisdiction of title VII and/or Executive Order 11246. ____________ 1 The relevant EEO

statutes are: Title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, the State and Local Fiscal

Assistance Act of 1972, as amended (the revenue sharing act), and provisions similar to title VI and title IX in Federal grant

statutes to the extent they prohibit discrimination on the basis of race, color, religion, sex, or national origin.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1691 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 12250; EO 12067

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 3046-AA91;

Related to 3046-AA92 Related Agencies: Joint: DOJ

Agency Contact: Corbett L. Anderson 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4579 

FAX: 202 663-4679

E-Mail: corbett.anderson@eeoc.gov

Agency Contact: Kerry Leibig 

Senior Attorney Advisor, Office of the Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4516 

FAX: 202 663-4679

E-Mail: kerry.leibig@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA97

 View Related Documents

Title: Revision of Federal Sector Regulation on Time Limits for Filing a Civil Action

Abstract: This revision would affect time limits applicable to a complainant's right to file a civil action and further define when a

complainant is deemed to have exhausted his or her administrative remedies after filing an appeal with EEOC, as set forth in

Bullock v. Berrien, 688 F.3d 613 (9th Cir. 2012).

7

Regulations.gov Friday, May 23, 2014 Unified Agenda
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1614.407 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 633a; 29 USC 794a; 42 USC 2000e-16(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Thomas J. Schlageter 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4668 

FAX: 202 663-4679

E-Mail: thomas.schlageter@eeoc.gov

Agency Contact: Gary Hozempa 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4666 

FAX: 202 663-4679

E-Mail: gary.hozempa@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AB01

 View Related Documents

Title: Amendments to Regulations Under the Americans With Disabilities Act

Abstract: This proposed rule would amend 29 CFR section 1630.14(d) to address whether, and to what extent, title I of the

Americans with Disabilities Act (ADA) allows employers to offer financial inducements and/or impose financial penalties as part

of wellness programs offered through their health plans, and to address other aspects of wellness programs that may be subject

to the ADA's nondiscrimination provisions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1630 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: Business; Governmental Jurisdictions;

Organizations Federalism: No

Energy Affected: No

Agency Contact: Christopher Kuczynski 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

8

Regulations.gov Friday, May 23, 2014 Unified Agenda
Washington , DC 20507 

Phone: 202 663-4665 

TDD Phone: 202 663-7026

FAX: 202 663-4679

E-Mail: christopher.kuczynski@eeoc.gov

Agency Contact: Joyce Walker-Jones 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-7031 

FAX: 202 663-4679

E-Mail: joyce.walker-jones@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AB02

 View Related Documents

Title: Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008

Abstract: This proposed rule would amend 29 CFR sections 1635.8(b)(2) and 1635.8(c)(2) to resolve the frequently-asked

question of whether employers may offer inducements to employees' spouses or other family members who answer questions

about their current medical conditions on a health risk assessment (HRA). Additionally, some technical amendments would

correct a typographical error in the rule's discussion of wellness programs and would add references to the Affordable Care Act

(ACA), where appropriate.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 2000ff

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: Business; Governmental Jurisdictions;

Organizations Federalism: No

Energy Affected: No

Agency Contact: Christopher Kuczynski 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4665 

TDD Phone: 202 663-7026

FAX: 202 663-4679

E-Mail: christopher.kuczynski@eeoc.gov

Agency Contact: Kerry Leibig 

Senior Attorney Advisor, Office of the Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4516 

FAX: 202 663-4679

E-Mail: kerry.leibig@eeoc.gov

9

Regulations.gov Friday, May 23, 2014 Unified Agenda
Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA98

 View Related Documents

Title: Adjusting the Penalty for Violation of Notice Posting Requirements

Abstract: In accordance with the Federal Civil Monetary Penalty Adjustment Act of 1990, as amended, this final rule adjusts for

inflation the civil monetary penalty for violation of EEO notice posting requirements under title VII of the Civil Rights Act, the

Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act. It does not affect notice posting violations

under the Age Discrimination in Employment Act or the Equal Pay Act because those statutes do not impose civil monetary

penalties for notice posting violations.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1601.30(b) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 2461 note; 42 USC 2000e-10

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 03/19/2014 79 FR 15220 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental Jurisdictions;

Organizations Federalism: No

Energy Affected: No

Agency Contact: Danielle J. Hayot 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4695 

FAX: 202 663-4679

E-Mail: danielle.hayot@eeoc.gov

Agency Contact: Thomas J. Schlageter 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE., Washington, DC 20507

Washington , DC 20507

Phone: 202 663-4668 

FAX: 202 663-4679

E-Mail: thomas.schlageter@eeoc.gov

10

Regulations.gov Friday, May 23, 2014 Unified Agenda