### 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 25th day of September 2013.

### For the Commission,

NAME: Jacqueline A. Berrien,

Chair.The 9 Regulatory Agendas

Equal Employment Opportunity Commission - PreRule

Title Regulation
Identifier
Number

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

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

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

Equal Employment Opportunity Commission - Final Rule

Title Regulation
Identifier
Number

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

Equal Employment Opportunity Commission - Completed Action

Title Regulation
Identifier
Number

Revisions to EEOC's Freedom of Information Act (FOIA) Regulation To Promote Openness and Electronic Access 3046-AA90

Revision of Designated and Notice Agencies With Respect to the Commonwealth of Puerto Rico 3046-AA96

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 fifteen 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 09/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: FederalSmall 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: Kathleen Oram
Senior Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE., Washington, DC 20507 Washington , DC 20507
Phone: 202 663- 4681
FAX: 202 663- 4679
E-Mail: kathleen.oram@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

Regulatory Plan:

Statement of Need: This regulation was identified as needing revision during a retrospective analysis of existing rules that took place in 2011 under Executive Order 13563. It is identified in EEOC's Final Plan for Retrospective Analysis of Existing Rules available at: http://www.eeoc.gov/laws/regulations/retro_review_plan_final.cfm

Legal Basis:

Alternatives: The EEOC will consider all alternatives offered by the public commenters.

Costs and Benefits: These procedures govern the agencies' internal handling of complaints/charges of employment discrimination and do not impose any regulatory costs on employers or complainants/charging parties. The revised procedures, however, will provide a net benefit to stakeholders and the agencies by creating consistency between this coordination regulation and others.

Risks: The proposed changes do not affect risks to public health, safety, or the environment.Timetable:

Action Date FR Cite

NPRM 03/00/2014

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 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

Regulatory Plan:

Statement of Need: This regulation was identified as needing revision during a retrospective analysis of existing rules that took place in 2011 under Executive Order 13563. It is identified in EEOC's Final Plan for Retrospective Analysis of Existing Rules available at: http://www.eeoc.gov/laws/regulations/retro_review_plan_final.cfm

Legal Basis:

Alternatives: The EEOC will consider all alternatives offered by the public commenters.

Costs and Benefits: These procedures govern the agencies' internal handling of complaints/charges of employment discrimination and do not impose any regulatory costs on employers or complainants/charging parties. The revised procedures, however, will provide a net benefit to stakeholders and the agencies by creating consistency between this coordination regulation and others.Risks: The proposed changes do not affect risks to public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 03/00/2014

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

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 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

Regulatory Plan:

Statement of Need: This regulation was identified as needing revision during a retrospective analysis of existing rules that took place in 2011 under Executive Order 13563. It is identified in EEOC's Final Plan for Retrospective Analysis of Existing Regulations available at: http://www.eeoc.gov/laws/regulations/retro_review_plan_final.cfm

Legal Basis:

Alternatives: The EEOC will consider all alternatives offered by the public commenters.

Costs and Benefits: These procedures govern the agencies' internal handling of complaints of employment discrimination and do not impose any regulatory costs on employers or complainants. The revised procedures, however, will provide a net benefit to stakeholders and the agencies by creating consistency between this coordination regulation and others.Risks: The proposed changes do not affect risks to public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 03/00/2014

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-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 This proposed rule would revise the regulations regarding the Federal Government's affirmative employment obligations in 29 CFR part 1614 to include a more detailed explanation of how Federal agencies and departments should "give full consideration to the hiring, placement and advancement of qualified individuals with disabilities."2 The 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 revisions may also include goals consistent with Executive Order 13548 to increase the employment of individuals with disabilities, with a particular focus on the employment of individuals with targeted disabilities. __________________ 1 29 CFR 1614.203(a). 2 Id.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule 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

Regulatory Plan:

Statement of Need: Pursuant to section 501 of the Rehabilitation Act, the Commission is authorized to issue such regulations as it deems necessary to carry out its responsibilities under this Act. Executive Order 13548 called for increased efforts by Federal agencies and departments to recruit, hire, retain, and return individuals with disabilities to the Federal workforce.

Legal Basis:

Alternatives: The EEOC will consider all alternatives offered by public commenters.

Costs and Benefits: Any costs that might result would only be borne by the Federal Government. The revisions would contribute to increased employment of individuals with disabilities.

Risks: The proposed changes do not affect risks to public health, safety, or the environment.

Timetable:Action Date FR Cite

NPRM 04/00/2014

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

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).

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-AA98

View Related Documents

Title: Adjusting the Penalty for Violation of Notice Posting RequirementsAbstract: 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: Final Rule 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 09/00/2014

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

Small Entities Affected: Business; Governmental Jurisdictions; Organizations 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

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA90

View Related Documents

Title: Revisions to EEOC's Freedom of Information Act (FOIA) Regulation To Promote Openness and Electronic Access

Abstract: This final rule has revised 29 CFR 1610 (Availability of Records: Production or Disclosure Under FOIA), usually referred to as EEOC's FOIA regulation. These revisions inform the public of the actions the EEOC has instituted pursuant to theOpenness Promotes Effectiveness in Our National Government Act of 2007 and the Electronic FOIA Amendments of 1996 (EFOIA Act of 1996). The revisions also give public notice of EEOC utilization of a multitrack FOIA processing procedure, as permitted by the E-FOIA Act of 1996. In addition, the revisions reflect the transfer of FOIA responsibility in EEOC's field offices from the Regional Attorneys to the District Directors.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1610 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/04/2012 77 FR 53814

NPRM Comment Period End 11/05/2012

Final Action 06/19/2013 78 FR 36645

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Stephanie D. Garner

Assistant Legal Counsel, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE., Washington, DC 20507 Washington , DC 20507
Phone: 202 663- 4634
FAX: 202 663- 4679E-Mail: stephanie.garner@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 Agency Contact: Draga G. Anthony Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission 1240 E. 9th Street Suite 3001, Cleveland, OH 44199 Cleveland , OH 44199
Phone: 216 522- 2001
FAX: 216 522- 7430
E-Mail: draga.anthony@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA96

View Related Documents

Title: Revision of Designated and Notice Agencies With Respect to the Commonwealth of Puerto Rico

Abstract: At 29 CFR 1601.74 n.5, the Commonwealth of Puerto Rico Department of Labor is listed as a Notice Agency with respect to "all charges alleging violations of sec. 704(a) of title VII." It has come to the Commission's attention that this is no longer accurate due to a change in Puerto Rico law. This rulemaking would amend 29 CFR 1601.74 n.5 to be accurate.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1601.74 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 2000e to 2000e-17; 42 USC 12111 to 12117; 42 USC 2000ff-2000ff-11. Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 09/06/2013 78 FR 54762

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

Small Entities Affected: Business; Organizations 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