EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) 

Statement of Regulatory and Deregulatory Priorities 

 The mission of the Equal Employment Opportunity Commission (EEOC, Commission, or Agency) is to 

ensure equality of opportunity in employment by vigorously enforcing and educating the public about the 

following Federal statutes: title VII of the Civil Rights Act of 1964, as amended (prohibits employment 

discrimination on the basis of race, color, sex (including pregnancy), religion, or national origin); the Equal 

Pay Act of 1963, as amended (makes it illegal to pay unequal wages to men and women performing 

substantially equal work under similar working conditions at the same establishment); the Age 

Discrimination in Employment Act of 1967, as amended (prohibits employment discrimination based on 

age of 40 or older); titles I and V of the Americans with Disabilities Act, as amended, and sections 501 

and 505 of the Rehabilitation Act, as amended (prohibit employment discrimination based on disability); 

title II of the Genetic Information Nondiscrimination Act (prohibits employment discrimination based on 

genetic information and limits acquisition and disclosure of genetic information); and section 304 of the 

Government Employee Rights Act of 1991 (protects certain previously exempt State & local government 

employees from employment discrimination on the basis of race, color, religion, sex, national origin, age, 

or disability). 

 The first three items in this Regulatory Plan are the three items currently under review pursuant to the 

EEOC’s Plan for Retrospective Analysis of Existing Rules in compliance with Executive Order 13563: (1) 

“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,” (2) 

“revisions to Procedures for Complaints/Charges of Employment Discrimination Based on Disability Filed 

Against Employers Holding Government Contracts or Subcontracts,” and (3) “revisions to Procedures for 

Complaints of Employment Discrimination Filed Against Recipients of Federal Financial Assistance.” 

These are the joint regulations that EEOC has with the Department of Justice and the Department of 

Labor (DOL) (29 CFR parts 1640, 1641 and 1691) which provide for coordinated charge/complaint 

handling procedures. The EEOC plans to propose to amend and revise these regulations so that, where 

appropriate, they conform to each other and to EEOC’s recently revised Memorandum of Understanding 

with DOL’s Office of Federal Contract Compliance Programs. The resulting revisions are expected to 

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Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
make the Agency’s regulatory program more effective and will not impose any regulatory costs on 

employers or complainants/charging parties. They instead will provide a net benefit to stakeholders and 

the Agencies by creating consistency between these coordination regulations. 

 The fourth item in this Regulatory Plan is entitled “Revisions to the Federal Sector’s Affirmative 

Employment Obligations of Individuals with Disabilities Under Section 501, as amended.” This revision 

pertains to the Federal Government’s affirmative employment obligations pursuant to section 501 of the 

Rehabilitation Act, as reflected in 29 CFR part 1614. The EEOC plans to develop a notice of proposed 

rulemaking to seek comment on revisions to the current rule at 29 CFR 1614.203 which would reflect 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. Any revisions would be 

informed by Management Directive 715, and may include goals consistent with Executive Order 13548. 

Furthermore, any revisions would result in costs only to the Federal Government; would contribute to 

increasing the employment of individuals with disabilities; and would not affect risks to public health, 

safety, or the environment. 

 Consistent with section 4(c) of Executive Order 12866, this statement was reviewed and approved by 

the Chair of the Agency. The statement has not been reviewed or approved by the other members of the 

Commission. 

Retrospective Review of Existing Regulations 

 Pursuant to section 6 of Executive Order 13563, “Improving Regulation and Regulatory Review” (Jan. 

18, 2011), the following Regulatory Identifier Numbers (RINs) have been identified as associated with 

retrospective review and analysis in the EEOC’s final retrospective review of regulations plan. Some of 

the entries on this list may be completed actions, which do not appear in The Regulatory Plan. However, 

more information can be found about these completed rulemakings in past publications of the Unified 

Agenda on Reginfo.gov (http://reginfo.gov/) in the Completed Actions section. These rulemakings can 

also be found on Regulations.gov (http://regulations.gov). The EEOC’s final Plan for Retrospective 

Analysis of Existing Rules can be found at: 

 http://www.eeoc.gov/laws/regulations/retro_review_plan_final.cfm. 

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Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
RIN TITLE EFFECT ON SMALL BUSINESS 

3046-AA91 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 

This rulemaking may decrease 

burdens on small businesses by 

making the charge/complaint 

process more efficient. 

3046-AA92 REVISIONS TO PROCEDURES FOR 

COMPLAINTS/CHARGES OF EMPLOYMENT 

DISCRIMINATION BASED ON DISABILITY FILED 

AGAINST EMPLOYERS HOLDING GOVERNMENT 

CONTRACTS OR SUBCONTRACTS 

This rulemaking may decrease 

burdens on small businesses by 

making the charge/complaint 

process more efficient. 

3046-AA93 REVISIONS TO PROCEDURES FOR COMPLAINTS 

OF EMPLOYMENT DISCRIMINATION FILED 

AGAINST RECIPIENTS OF FEDERAL FINANCIAL 

ASSISTANCE 

This rulemaking may decrease 

burdens on small businesses by 

making the charge/complaint 

process more efficient. 

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Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
The 4 Actions Described in the Regulatory Plan

Title

Regulation 

Identifier 

Number

Rulemaking 

Stage

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 Proposed Rule Stage

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

Disability Filed Against Employers Holding Government Contracts or Subcontracts 3046-AA92 Proposed Rule Stage

Revisions to Procedures for Complaints of Employment Discrimination Filed Against

Recipients of Federal Financial Assistance 3046-AA93 Proposed Rule Stage

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 Proposed Rule Stage

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:

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Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
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.

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Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
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.

6

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
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 

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Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
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

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Regulations.gov Tuesday, November 26, 2013 Regulatory Plan