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 six 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 12th day of April, 2013. 

For the Commission 

NAME: Jacqueline A. Berrien,
Chair.
The 6 Regulatory Agendas

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

Equal Employment Opportunity Commission - Final Rule

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-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

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 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

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 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

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

Timetable:

Action Date FR Cite

NPRM 10/00/2013 

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-AA90

 View Related Documents

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

Abstract: This NPRM would revise 29 CFR 1610 (Availability of Records: Production or Disclosure Under FOIA), usually

referred to as EEOC's FOIA regulation. These revisions will inform the public of the actions the EEOC has instituted pursuant to

the Openness Promotes Effectiveness in Our National Government Act of 2007 and the Electronic FOIA Amendments of 1996

(E-FOIA Act of 1996). The revisions will 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: Final Rule

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 07/00/2013 

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: 202 663-4679

E-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: 216 522-7395

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: Final Rule

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 07/00/2013 

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