This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

12231 

Vol. 89, No. 33 

Friday, February 16, 2024 

1Public Law 114–74, Sec. 701(b), 129 Stat. 599. 

2Memorandum from Shalanda D. Young, 

Director, Office of Management and Budget, to 

Heads of Executive Departments and Agencies, M– 

24–07, Dec. 19, 2023, M–24–07 at 1 (‘‘[b]ased on the 

Consumer Price Index (CPI–U) for the month of 

October 2023, not seasonally adjusted, the cost-ofliving adjustment multiplier for 2024 is 1.03241’’). 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1601 

RIN 3046–AB26 

2024 Adjustment of the Penalty for 

Violation of Notice Posting 

Requirements 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, this final rule adjusts for inflation 

the civil monetary penalty for violation 

of the notice-posting requirements in 

Title VII of the Civil Rights Act of 1964, 

the Americans with Disabilities Act, the 

Genetic Information Non-Discrimination 

Act, and the Pregnant Workers Fairness 

Act. 

DATES: This final rule is effective 

February 16, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, (202) 921–2665 or 

kathleen.oram@eeoc.gov, Office of Legal 

Counsel, Equal Employment 

Opportunity Commission, 131 M St. NE, 

Washington, DC 20507. Requests for this 

notice in an alternative format should be 

made to the Office of Communications 

and Legislative Affairs at (202) 921– 

3191 (voice) or 1–800–669–6820 (TTY), 

or 1–844–234–5122 (ASL video phone). 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under section 711 of the Civil Rights 

Act of 1964 (Title VII), which is adopted 

by reference in section 105 of the 

Americans with Disabilities Act (ADA), 

section 207(a)(1) of the Genetic 

Information Non-Discrimination Act 

(GINA), and section 104(a)(1) of the 

Pregnant Workers Fairness Act (PWFA), 

and implemented by the Equal 

Employment Opportunity Commission 

(EEOC) in 29 CFR 1601.30(a), every 

employer, employment agency, labor 

organization, and joint labormanagement committee controlling an 

apprenticeship or other training 

program covered by Title VII, ADA, 

GINA, or PWFA, must post notices 

describing the pertinent provisions of 

these laws. Covered entities must post 

such notices in prominent and 

accessible places where they 

customarily maintain notices to 

employees, applicants, and members. 29 

CFR 1601.30(a). Failure to comply with 

this posting requirement is subject to a 

monetary penalty. 29 CFR 1601.30(b). 

Section 5(b) of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (2015 Act),1

which amended the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, requires the EEOC to annually 

adjust the amount of the penalty for 

non-compliance. Under the 2015 Act, 

the EEOC has no discretion over 

whether or how to calculate this 

inflationary adjustment. In accordance 

with section 6 of the 2015 Act, the 

EEOC will apply the adjusted penalty 

only to those assessed after the effective 

date of the adjustment. 

II. Calculation 

The adjustment set forth in this final 

rule follows guidance under the 2015 

Act from the Office of Management and 

Budget (OMB) 2 and is calculated by 

comparing the Consumer Price Index for 

all Urban Consumers (CPI–U) for 

October 2022 with the CPI–U for 

October 2023, resulting in an inflation 

adjustment factor of 1.03241. The 

inflation adjustment factor (1.03241) 

was multiplied by the most recent civil 

penalty amount ($659) to calculate the 

inflation-adjusted penalty level 

($680.35819), which is then rounded to 

the nearest dollar ($680). Accordingly, 

the Commission is now adjusting the 

maximum penalty per violation 

specified in 29 CFR 1601.30(b) from 

$659 to $680. 

III. Regulatory Procedures 

Administrative Procedure Act 

The Administrative Procedure Act 

(APA) provides an exception to the 

notice and comment procedures where 

an agency finds good cause for 

dispensing with such procedures, on the 

basis that they are impracticable, 

unnecessary, or contrary to the public 

interest. 5 U.S.C. 553(b)(3)(B). The 

Commission finds that this rule meets 

the exception because the 2015 Act 

requires an inflationary adjustment to 

the civil monetary penalty, it prescribes 

the formula for calculating the 

adjustment to the penalty, and it 

provides the Commission with no 

discretion in determining the amount of 

the published adjustment. Accordingly, 

the Commission is issuing this revised 

regulation as a final rule without notice 

and comment. 

Executive Order 12866 

This rule is not a significant 

regulatory action as that term is defined 

in Executive Order 12866. The 

inflationary adjustment’s cumulative 

impact on the violations found each 

year falls well below the $200 million 

threshold for significant regulatory 

action under E.O. 12866, as revised by 

E.O. 14094, and it otherwise fails to 

meet the definition of a significant 

regulatory action. 

Paperwork Reduction Act 

This final rule contains no new 

information collection requirements, 

and therefore, will create no new 

paperwork burdens or modifications to 

existing burdens that are subject to 

review by the Office of Management and 

Budget under the Paperwork Reduction 

Act (44 U.S.C. 3501 et seq.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612) only requires a 

regulatory flexibility analysis when the 

APA requires notice and comment 

procedures, or the agency otherwise 

issues such a notice. As stated above, 

notice and comment is neither required 

nor being used for this rule. 

Accordingly, the Regulatory Flexibility 

Act does not apply. 

Unfunded Mandates Reform Act of 1995 

This final rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 


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12232 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1501–1571). 

Congressional Review Act 

This regulation is a rule subject to the 

Congressional Review Act (CRA) (5 

U.S.C. 801–808), but is not a ‘‘major’’ 

rule that cannot take effect until 60 days 

after it is published in the Federal 

Register. Therefore, the EEOC will 

submit this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to the effective date of the 

rule. 

List of Subjects in 29 CFR Part 1601 

Administrative practice and 

procedure. 

For the Commission. 

Charlotte A. Burrows, 

Chair, Equal Employment Opportunity 

Commission. 

Accordingly, the Equal Employment 

Opportunity Commission amends 29 

CFR part 1601 as follows: 

PART 1601—PROCEDURAL 

REGULATIONS 

■ 1. The authority citation for part 1601 

continues to read as follows: 

Authority: 42 U.S.C. 2000e to 2000e–17; 42 

U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to 

2000ff–11; 28 U.S.C. 2461 note, as amended; 

Pub. L. 104–134, Sec. 31001(s)(1), 110 Stat. 

1373. 

■ 2. Section 1601.30 is amended by 

revising paragraph (b) to read as follows: 

§ 1601.30 Notices to be posted. 

* * * * * 

(b) Section 711(b) of Title VII and the 

Federal Civil Penalties Inflation 

Adjustment Act, as amended, make 

failure to comply with this section 

punishable by a fine of not more than 

$680 for each separate offense. 

[FR Doc. 2024–03177 Filed 2–15–24; 8:45 am] 

BILLING CODE 6570–01–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Parts 1601 and 1626 

RIN 3046–AB32 

Congressional Disapproval of Update 

of Commission’s Conciliation 

Procedures 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule; Congressional 

Review Act revocation. 

SUMMARY: Pursuant to their authority 

under the Congressional Review Act 

(CRA), Congress passed, and the 

President signed, a joint resolution 

disapproving the Equal Employment 

Opportunity Commission’s (EEOC or 

Commission) final rule titled ‘‘Update of 

Commission’s Conciliation Procedures.’’ 

Under the joint resolution and by 

operation of the CRA, this rule has no 

legal force or effect. The Commission 

hereby is removing it from the Code of 

Federal Regulations. 

DATES: This final rule is effective 

February 16, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, Office of Legal Counsel, at 

kathleen.oram@eeoc.gov or (202) 921– 

2665 (voice). Requests for this document 

in an alternative format should be made 

to the EEOC’s Office of Communications 

and Legislative Affairs at (202) 921– 

3191 (voice), 1–800–669–6820 (TTY), or 

1–844–234–5122 (ASL video phone). 

SUPPLEMENTARY INFORMATION: On 

October 9, 2020, the Commission 

published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register, proposing amendments to its 

procedural rules governing the 

conciliation process (85 FR 64079). The 

Commission published the final rule, 

titled ‘‘Update of Commission’s 

Conciliation Procedures,’’ in the Federal 

Register on January 14, 2021 (86 FR 

2974) (‘‘Final Rule’’). The Final Rule 

outlined the information that the 

Commission must provide when 

undertaking conciliation efforts for 

charges alleging violations of Title VII of 

the Civil Rights Act of 1964, the 

Americans with Disabilities Act of 1990 

(ADA), the Genetic Information 

Nondiscrimination Act of 2008 (GINA), 

and the Age Discrimination in 

Employment Act of 1967 (ADEA). The 

Final Rule became effective on February 

16, 2021. 

On May 19, 2021, the United States 

Senate passed a joint resolution (S.J. 

Res. 13) disapproving the Final Rule 

under the Congressional Review Act 

(CRA) (5 U.S.C. 801 et seq.). The United 

States House of Representatives passed 

S.J. Res. 13 on June 24, 2021. The 

President signed the joint resolution 

into law as Public Law 117–22 on June 

30, 2021. Under Public Law 117–22 and 

by operation of the CRA, the Final Rule 

has no force or effect. Accordingly, the 

Commission is hereby removing the 

Final Rule from the Code of Federal 

Regulations (CFR). 

This action is not an exercise of the 

Commission’s rulemaking authority 

under the Administrative Procedure Act 

(APA) because the Commission is not 

‘‘formulating, amending, or repealing a 

rule’’ under 5 U.S.C. 551(5). Rather, the 

Commission is effectuating a change to 

the Code of Federal Regulations to 

reflect what congressional and 

presidential action already has 

accomplished. Accordingly, the 

Commission is not soliciting comments 

on this action, nor is it delaying the 

effective date. 

List of Subjects in 29 CFR Parts 1601 

and 1626 

Administrative practice and 

procedure, Equal employment 

opportunity. 

For the reasons set forth above, and 

pursuant to the CRA (5 U.S.C. 801 et 

seq.) and Public Law 117–22, the Equal 

Employment Opportunity Commission 

amends 29 CFR parts 1601 and 1626 as 

follows: 

PART 1601—PROCEDURAL 

REGULATION 

■ 1. The authority citation for 29 CFR 

part 1601 continues to read as follows: 

Authority: 42 U.S.C. 2000e to 2000e–17; 

42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff 

to 2000ff–11; 28 U.S.C. 2461 note, as 

amended; Pub. L. 104–134, Sec. 31001(s)(1), 

110 Stat. 1373. 

§ 1601.24 [Amended] 

■ 2. Amend § 1601.24 by removing 

paragraphs (d), (e), and (f). 

PART 1626—PROCEDURES—AGE 

DISCRIMINATION IN EMPLOYMENT 

ACT 

■ 3. The authority citation for 29 CFR 

part 1626 continues to read as follows: 

Authority: Sec. 9, 81 Stat. 605, 29 U.S.C. 

628; sec. 2, Reorg. Plan No. 1 of 1978, 3 CFR, 

1978 Comp., p. 321. 

■ 4. Revise § 1626.12 to read as follows: 

§ 1626.12 Conciliation efforts pursuant to 

section 7(d) of the Act. 

Upon receipt of a charge, the 

Commission shall promptly attempt to 

eliminate any alleged unlawful practice 


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