EQUAL 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, Associate 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 seven items in this regulatory 

agenda. For this edition of EEOC’s regulatory agenda, the most important significant regulatory actions 

and a Statement of Regulatory Priorities are included in The Regulatory Plan, which appears in both the 

online Unified Agenda and in part II of the Federal Register that includes the Unified Agenda. 

Signed in Washington, DC, this 9th day of September 2010. 

For the Commission. 

NAME: Jacqueline A. Berrien, 

Chair. 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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The 7 Regulatory Agendas

Equal Employment Opportunity Commission - Proposed Rule

Title

Regulation 

Identifier 

Number

Revision of Race and Ethnicity Data Collection Method 3046-AA81

Recordkeeping Under the Genetic Information Nondiscrimination Act (GINA) 3046-AA89

Equal Employment Opportunity Commission - Final Rule

Title

Regulation 

Identifier 

Number

Federal Sector Equal Employment Opportunity Complaint Processing 3046-AA73

Disparate Impact Burden of Proof Under the Age Discrimination in Employment Act 3046-AA76

Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act 3046-AA85

Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act 3046-AA87

Equal Employment Opportunity Commission - Completed Action

Title

Regulation 

Identifier 

Number

Genetic Information Nondiscrimination Act 3046-AA84

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA81

 View Related Documents

Title: Revision of Race and Ethnicity Data Collection Method

Abstract: The current rule still permits employers to gather race and ethnic data about employees by visual surveys of the

workforce or from employment records. This NPRM would update the rule and make employee self-identification the preferred

method for collecting race and ethnic data on employees to conform with current reporting instructions for the EEO-1 Report.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1602.13 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 2000e-8(c); 42 USC 2000e-12(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions; 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 

Regulations.gov Monday, December 20, 2010 Unified Agenda

2
Phone: 202 663-4668 

TDD Phone: 202 663-7026

FAX: 202 663-4639

E-Mail: thomas.schlageter@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA89

 View Related Documents

Title: Recordkeeping Under the Genetic Information Nondiscrimination Act (GINA)

Abstract: EEOC will propose to amend its current title VII and ADA recordkeeping regulations to address recordkeeping

obligations under the Genetic Information Nondiscrimination Act.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1602 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 2000ff

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions; 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 

Phone: 202 663-4668 

FAX: 202 663-4639

E-Mail: thomas.schlageter@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA73

 View Related Documents

Title: Federal Sector Equal Employment Opportunity Complaint Processing

Abstract: The Commission has been reviewing the existing Federal sector EEO complaint process and considering changes

that would make it more efficient and effective. While that review continues, several corrections and changes to the existing

process have been proposed. They concern agency compliance with EEOC directives, variances from part 1614, further notice

to complainants, and other adjustments to the current process.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

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 USC 206(d), 633a, 791, and 794; 42 USC 2000e-16; EO 10577, 11222, 11478, and 12106;

Reorganization Plan No. 1 of 1978

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/21/2009 74 FR 67839 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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NPRM Comment Period End 02/19/2010 

Final Action 09/00/2011 

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 

TDD Phone: 202 663-7026

FAX: 202 663-4639

E-Mail: thomas.schlageter@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA76

 View Related Documents

Title: Disparate Impact Burden of Proof Under the Age Discrimination in Employment Act

Abstract: Prior to the Supreme Court's decision in Smith v. City of Jackson, Commission regulations interpreted the ADEA to

require employers to prove that actions that had an age-based disparate impact were justified as a business necessity. Although

the Court, in Smith, agreed with the EEOC that disparate impact claims were cognizable under the ADEA, it held that the

defense was not business necessity but reasonable factors other than age (RFOA). The Smith Court did not specify whether the

employer or employee bore the burden of proof on the RFOA defense. Accordingly, on March 31, 2008, the Commission issued

an NPRM to conform Commission ADEA regulations to Smith, also taking the position that the employer bore the burden of

proving the defense. Subsequently, the Supreme Court held in Meacham v. Knolls Atomic Laboratory, that employers bore the

burden of proof. Thus, the EEOC's proposed regulation conforms to both Smith and Meacham. In the March 2008 NPRM, the

Commission also asked whether its ADEA regulation should provide more information on the meaning of RFOA and, if so, what

the regulations should say. After consideration of the public comments, and in light of the Supreme Court decisions in Smith and

Meacham, the Commission issued a separate NPRM to address the scope of the RFOA defense. This NPRM is titled

"Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act." A Final Rule will cover the issues

addressed in both NPRMs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1625.7(d) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 628

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/31/2008 73 FR 16807 

NPRM Comment Period End 05/30/2008 

Final Action 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State;

Tribal

Small Entities Affected: Business; Governmental

Jurisdictions; Organizations Federalism: No

Energy Affected: No

Related RINs: Related to 3046-AA87

Agency Contact: Dianna B. Johnston 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washington , DC 20507 

Phone: 202 663-4657 

Regulations.gov Monday, December 20, 2010 Unified Agenda

4
FAX: 202 663-4639

E-Mail: dianna.johnston@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA85

 View Related Documents

Title: Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act

Abstract: The Americans With Disabilities Act Amendments Act of 2008 ("the Amendments Act") was signed into law on

September 25, 2008, with a statutory effective date of January 1, 2009. EEOC proposes to revise its Americans With Disabilities

Act (ADA) regulations and accompanying interpretative guidance (29 CFR part 1630 and accompanying appendix) in order to

implement the ADA Amendments Act of 2008. Pursuant to the 2008 amendments, the definition of disability under the ADA

shall be construed in favor of broad coverage to the maximum extent permitted by the terms of the ADA, and the determination

of whether an individual has a disability should not demand extensive analysis. The Amendments Act rejects the holdings in

several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for

an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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 USC sec 12116 and sec 506 as redesignated under the ADA Amendments Act of 2008

Legal Deadline: None

Regulatory Plan:

Statement of Need: This regulation is necessary to bring the Commission's regulations into compliance with the ADA

Amendments Act of 2008, which became effective January 1, 2009, and explicitly invalidated certain provisions of the existing

regulations. The Amendments Act retains the terminology of the ADA's basic definition of "disability" as an impairment that

substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an

impairment. However, it changes the way that these statutory terms should be interpreted in several ways, therefore

necessitating revision of the existing regulations and interpretive guidance contained in the accompanying "Appendix to Part

1630--Interpretive Guidance on Title I of the Americans With Disabilities Act," which are published at 29 CFR part 1630. The

proposed revisions to the title I regulations and appendix are intended to enhance predictability and consistency between

judicial interpretations and executive enforcement of the ADA as now amended by Congress.

Legal Basis: Section 506 of the Amendments Act, 42 U.S.C. section 12205a, gives the EEOC the authority to issue

regulations implementing the definitions of disability in section 12102 of this title (including rules of construction) and the

definitions in section 12103 of this title, consistent with the ADA Amendments Act of 2008.

Alternatives: None: Congress mandated issuance of regulations.

Costs and Benefits: The EEOC anticipates economic and other benefits from the rule in many areas. For example,

applicants and employees will be entitled to reasonable accommodation absent undue hardship to perform jobs for which they

are qualified, whereas they may have been deemed not to meet the ADA's definition of disability prior to the Amendments Act

and denied accommodations as a result. Also, employers will incur benefits from their ability to retain, hire, and promote

qualified personnel; increased employee attendance and productivity; avoidance of costs associated with under-performance,

workplace injury, and turnover; and benefits from savings in workers' compensation and related insurance. Finally, definitional

clarity brought by the amended regulation will have the economic benefit of reducing litigation and the need for costly experts to

address "disability," and will streamline the issues requiring judicial attention. To the extent that employers may in some cases

need to revise internal policies and procedures to reflect the broader definition of disability under the Amendments Act and train

personnel to ensure appropriate compliance with the revised regulation, the Commission will continue to provide free technical

assistance and outreach, including presentations and materials targeted specifically to small employers. Costs would be

incurred by employers with 15 or more employees that are covered by the ADA. Applying the broader Amendments Act

interpretation of when an impairment "substantially limits" a major life activity, more applicants and employees will meet the

definition of disability and thus be potentially entitled to reasonable accommodations that do not pose an undue hardship.

Available cost data is limited. However, using research indicating that the average cost of an accommodation is $462, the

NPRM estimated the additional cost of accommodations as a result of the Amendments Act and the EEOC regulations at $74

million. Assuming these requests occur over 5 years, since it is reasonable to assume that not all new requests will occur in the

same year, the annual estimated cost would be $15 million. The NPRM noted that it is possible that these estimates are at least

twice as great as the actual costs would be, given research indicating that prior to the Amendments Act, fewer than half of the

accommodation requests were granted. It is also important to note that both government-sponsored and private studies have

repeatedly found that more than 50 percent of accommodations have zero costs for employers, both large and small.

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Risks: The proposed rule imposes no new or additional risk to employers. The proposal does not address risks to public

health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 09/23/2009 74 FR 48431 

NPRM Comment Period End 11/23/2009 

Final Action 12/00/2010 

Additional Information: The EEOC plans to issue a final rule by the end of December, 2010, subject to expedited E.O.

12866 review by OMB/OIRA.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State;

Tribal

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: 202 663-4639

E-Mail: christopher.kuczynski@eeoc.gov

Agency Contact: Jeanne Goldberg 

Senior Attorney Advisor

Equal Employment Opportunity Commission

131 M Street NE

Washinigton , DC 20507 

Phone: 202 663-4693 

FAX: 202 663-4639

E-Mail: jeanne.goldberg@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA87

 View Related Documents

Title: Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act

Abstract: On March 31, 2008, the EEOC published a Notice of Proposed Rulemaking (NPRM) concerning the disparate

impact burden of proof under the Age Discrimination in Employment Act. 73 FR 16807 (March 31, 2008). In addition to

requesting public comment on the proposed rule, the Commission asked whether regulations should provide more information

on the meaning of "reasonable factors other than age" (RFOA) and, if so, what the regulations should say. After consideration

of the public comments, and in light of the Supreme Court decisions in Smith v. City of Jackson, 544 U.S. 228 (2005), and

Meacham v. Knolls Atomic Power Lab., 554 U.S. ___, 128 S. Ct. 2395 (2008), the Commission issued this NPRM to address

the scope of the RFOA defense. Accordingly, before finalizing its regulations concerning disparate impact burden of proof under

the ADEA, the Commission will conduct this rulemaking to amend its regulations concerning RFOA.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1625.7(b),(c) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 628

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/18/2010 75 FR 7212 

NPRM Comment Period End 04/19/2010 

Final Action 07/00/2011 

Regulations.gov Monday, December 20, 2010 Unified Agenda

6
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State;

Tribal

Small Entities Affected: Business; Governmental

Jurisdictions; Organizations Federalism: No

Energy Affected: No

Agency Contact: Dianna B. Johnston 

Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washington , DC 20507 

Phone: 202 663-4657 

FAX: 202 663-4639

E-Mail: dianna.johnston@eeoc.gov

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA84

 View Related Documents

Title: Genetic Information Nondiscrimination Act

Abstract: Section 211 of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. section 2000ff-10, requires the

Equal Employment Opportunity Commission to issue regulations implementing title II of the Act. Title II prohibits the use of

genetic information in making employment decisions and limits employer access to genetic information. The Act also imposes

confidentiality obligations on employers and other covered entities (employment agencies, labor unions, and training programs)

that possess genetic information.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

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 USC sec 2000ff-10

Legal Deadline: 

 Action Source Description Date

Other Statutory As set forth in section 211 of the Genetic Information Nondiscrimination

Act 05/21/2009 

Timetable:

Action Date FR Cite

NPRM 03/02/2009 74 FR 9056 

NPRM Comment Period End 05/01/2009 

Final Action 11/09/2010 75 FR 68912 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No 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: 202 663-4639

E-Mail: christopher.kuczynski@eeoc.gov

Agency Contact: Kerry Leibig 

Acting Assistant Legal Counsel, Office of the Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washington , DC 20507 

Phone: 202 663-4516 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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E-Mail: kerry.leibig@eeoc.gov

Regulations.gov Monday, December 20, 2010 Unified Agenda

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