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. EEOC’s Regulatory Agenda is published online at www.reginfo.gov and www.regulations.gov. 

Signed in Washington, DC, this 2ND day of March 2011.

For the Commission. 

NAME: Jacqueline A. Berrien,

Chair. 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

Revisions to EEOC's Freedom of Information Act (FOIA) Regulation to Promote Openness and Electronic Access 3046-AA90

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 ( 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 12/00/2011 

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 

Phone: 202 663-4668 

TDD Phone: 202 663-7026

FAX: 202 663-4679

E-Mail: thomas.schlageter@eeoc.gov

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 06/00/2011 

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 

Phone: 202 663-4668 

FAX: 202 663-4679

E-Mail: thomas.schlageter@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, so that EEOC's disclosure obligations comport with the Openness Promotes

Effectiveness in Our National Government Act of 2007 Amendments to the Freedom of Information Act and the Electronic FOIA

Amendments of 1996. The goal of the revisions is to make the FOIA regulation more requester-friendly. The revisions will also

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: Proposed 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 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Stephanie D. Garner 

3

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Assistant Legal Counsel, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street, NE

Washington , DC 20507 

Phone: 202 663-4634 

FAX: 202 663-4679

E-Mail: stephanie.garner@eeoc.gov

Agency Contact: Draga G. Anthony 

Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street, NE

Washington , DC 20507 

Phone: 202 663-4648 

FAX: 202 663-4679

E-Mail: draga.anthony@eeoc.gov

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

 View Related Documents

Title: Federal Sector Equal Employment Opportunity Complaint Processing

Abstract: The Commission continues its review of the existing Federal sector EEO complaint process, considering alternatives,

and consulting stakeholders about possible reforms that would address concerns about the timeliness of complaint processing,

the quality of agency investigations, the proper role the Commission and the federal agencies should play in the complaint

process, and the hearings and appellate review process. The current NPRM constitutes the Commission's intial step in that

review. The Commission will consider additional reforms, including regulatory changes, during the next year.

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 

NPRM Comment Period End 02/19/2010 

Final Action 10/00/2011 

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: 202 663-4679

E-Mail: thomas.schlageter@eeoc.gov

Agency Contact: Kathleen Oram 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washington , DC 20507 

Phone: 202 663-4681 

FAX: 202 663-4679

E-Mail: kathleen.oram@eeoc.gov

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 10/00/2011 

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 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washington , DC 20507 

Phone: 202 663-4657 

FAX: 202 663-4679

E-Mail: dianna.johnston@eeoc.gov

Agency Contact: Lyn McDermott 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washington , DC 20507 

Phone: 202 663-4663 

FAX: 202 663-4679

E-Mail: lyn.mcdermott@eeoc.gov

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

 View Related Documents

5

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes 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

Timetable:

Action Date FR Cite

NPRM 09/23/2009 74 FR 48431 

NPRM Comment Period End 11/23/2009 

Final Action 06/00/2011 

Additional Information: The EEOC plans to issue a final rule by the end of April 2011 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: Yes

Energy Affected: No

Agency Contact: Jeanne Goldberg 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washinigton , DC 20507 

Phone: 202 663-4693 

FAX: 202 663-4679

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:

6

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Action Date FR Cite

NPRM 02/18/2010 75 FR 7212 

NPRM Comment Period End 04/19/2010 

Final Action 10/00/2011 

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

Small Entities Affected: Business; Governmental Jurisdictions;

Organizations Federalism: No

Energy Affected: No

Agency Contact: Dianna B. Johnston 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washington , DC 20507 

Phone: 202 663-4657 

FAX: 202 663-4679

E-Mail: dianna.johnston@eeoc.gov

Agency Contact: Lyn McDermott 

Senior Attorney Advisor, Office of Legal Counsel

Equal Employment Opportunity Commission

131 M Street NE

Washington , DC 20507 

Phone: 202 663-4663 

FAX: 202 663-4679

E-Mail: lyn.mcdermott@eeoc.gov

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Regulations.gov Thursday, July 7, 2011 Unified Agenda