### 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 Executiv e 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 hav e 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 Co mmission, 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 onli ne at www.reginfo.gov and www.regulations.gov.

Signed in Washington, DC, this 2 ND 

### day of March 2011.

For the Commission.

NAME: Jacqueline A. Berrien, Chair.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.govEqual 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. GarnerAssistant 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.govEqual 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 DocumentsTitle: 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: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