## 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 remaining items identified in 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 revisions pertain to joint coordination regulations that EEOC has with the Department of Justice and the Department of Labor (DOL) (29 CFR parts 1640, 1641 and 1691) which govern the agencies’ internal charge/complaint handling procedures. The EEOC plans to propose to amend and revise these regulations so that 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 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 section 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.

## 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.

Completed

RIN Title EFFECT ON SMALL BUSINESS 3046-AA76 Disparate Impact and Reasonable Factors Other Than

Age Under the Age Discrimination in Employment Act This rulemaking is not expected to

alter burdens on small

businesses. 3046-AA73 Federal Sector Equal Employment Opportunity

Complaint Processing This rulemaking does not apply to small businesses. It applies only

to the Federal Government.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 of 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. These revisions would create consistency between this regulation and 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 CiteNPRM 10/00/2013

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. These revisions would create consistency between this regulation and two other coordination regulations (29 CFR part 1640 and 29 CFR part 1691), as well as 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 10/00/2013

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. The revisions would create consistency between this regulation and two other coordination regulations (29 CFR part 1640 and 29 CFR part 1641), as well as 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 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 10/00/2013

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 of 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 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 10/00/2013Regulatory 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