### E Q UAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Ch. XIV

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, 1 31 M Street NE., Washington, DC 20507;

telephone (202) 6 63

- 460 9.

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

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

Signed in Washington, DC, this 20 th 

### day of March, 2015.

### F or the Commission

NAME: Jenny R. Yang,

Chair.The 8 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

The Federal Sector's Obligation To Be a Model Employer of Individuals With Disabilities 3046-AA94

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 ( 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. On February 6, 2015, the Commission issued an Advance Notice of Proposed Rulemaking (ANPRM) (80 FR 6669), that sought 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 U.S.C. 206(d); 29 U.S.C. 633a; 29 U.S.C. 791; 29 U.S.C. 794; 42 U.S.C. 2000e-16; E.O. 10577; E.O. 11222; E.O. 11478; E.O. 12106; Reorganization Plan No. 1 of 1978; 42 U.S.C. 2000ff-6(e)
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 02/06/2015 80 FR 6669

ANPRM Comment Period End 04/07/2015

NPRM 11/00/2015

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
Phone: 202 663-4668

FAX: 202 653-6034E-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
Phone: 202 663-4666

FAX: 202 653-6034
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 U.S.C. 301; 29 U.S.C. 794(d); 42 U.S.C. 12117(b); E.O. 12067
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2015

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
Phone: 202 663-4579

FAX: 202 653-6034
E-Mail: corbett.anderson@eeoc.gov
Agency Contact: Kerry Leibig
Senior Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission
131 M Street NE. Washington , DC 20507
Phone: 202 663-4516FAX: 202 653-6034
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 U.S.C. 12117(b); E.O. 12067
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2015

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
Phone: 202 663-4579

FAX: 202 653-6034
E-Mail: corbett.anderson@eeoc.gov
Agency Contact: Kerry Leibig
Senior Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission
131 M Street NE. Washington , DC 20507
Phone: 202 663-4516

FAX: 202 653-6034
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 (MOU) between EEOC and the Department of Labor's Office of 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: E.O. 12250; E.O. 12067
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2015

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
Phone: 202 663-4579

FAX: 202 653-6034
E-Mail: corbett.anderson@eeoc.gov
Agency Contact: Kerry Leibig
Senior Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission
131 M Street NE. Washington , DC 20507
Phone: 202 663-4516

FAX: 202 653-6034
E-Mail: kerry.leibig@eeoc.gov

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

View Related Documents

Title: The Federal Sector's Obligation To Be a Model Employer of Individuals With Disabilities

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 On May 15, 2014, the Commission issued an Advance Notice of Proposed Rulemaking (79 FR 27824) that sought 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 was 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 was also 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: Proposed RuleMajor: 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 U.S.C. 791(b)
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 05/15/2014 79 FR 27824

ANPRM Comment Period End 07/14/2014

NPRM 07/00/2015

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
Phone: 202 663-4665

TDD Phone: 202 663

- 7026

FAX: 202 653-6034
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
Phone: 202 663-4127

FAX: 202 653-6034
E-Mail: aaron.konopasky@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: Substantive, Nonsignificant 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 U.S.C. 633a; 29 U.S.C. 794a; 42 U.S.C. 2000e-16(c)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2015

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
Phone: 202 663-4668FAX: 202 653-6034
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
Phone: 202 663-4666

FAX: 202 653-6034
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 the regulations to implement the equal employment provisions of the Americans with Disabilities Act (ADA) to address the interaction between title I of the ADA and financial inducements and/or penalties as part of wellness programs offered through health plans. EEOC also plans to address other aspects of wellness programs that may be subject to the ADA's nondiscrimination provisions in this Notice of Proposed Rulemaking.

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 U.S.C. 12101 et seq.
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/20/2015 80 FR 21659

NPRM Comment Period End 06/19/2015

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
Phone: 202 663-4665

TDD Phone: 202 663

- 7026

FAX: 202 653-6034
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
Phone: 202 663-7031

FAX: 202 653-6034
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 the regulations on the Genetic Information Nondiscrimination Act of 2008 to address inducements to employees' spouses or other family members who respond to questions about their current or past medical conditions on health risk assessments (HRA). This Notice of Proposed Rulemaking will also correct a typographical error in the rule's discussion of wellness programs and add references to the Affordable Care Act, 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 U.S.C. 2000ff
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2015

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
Phone: 202 663-4665

TDD Phone: 202 663

- 7026

FAX: 202 653-6034
E-Mail: christopher.kuczynski@eeoc.gov
Agency Contact: Kerry Leibig
Senior Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission
131 M Street NE. Washington , DC 20507
Phone: 202 663-4516

FAX: 202 653-6034
E-Mail: kerry.leibig@eeoc.gov