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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Pages 1876-1878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31751]

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1602

RIN 3046-AB28

Recordkeeping and Reporting Requirements Under Title VII, the 
ADA, GINA, and the PWFA

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

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SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or 
``Commission'') is issuing a final rule amending its regulations 
regarding recordkeeping and reporting requirements to delegate 
authority for making determinations on hardship exemption applications, 
to set forth the procedure for applying for exemptions, and to provide 
a non-exhaustive list of criteria for considering exemption 
applications.

DATES: Effective January 10, 2025.

FOR FURTHER INFORMATION CONTACT: Gary Hozempa, Senior Attorney, at 
(202) 921-2672 or [email protected], or Lynn Dickinson, Senior 
Attorney, at (202) 921-2559 or [email protected], Office of Legal 
Counsel, U.S. Equal Employment Opportunity Commission. 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), (800) 669-6820 (TTY), or (844) 234-5122 (ASL video phone).

SUPPLEMENTARY INFORMATION: On October 11, 2024, the EEOC published in 
the Federal Register a Notice of Proposed Rulemaking (``NPRM'') 
announcing its proposal to amend 29 CFR part 1602 by creating a new 
subpart addressing applications for exemptions that will be applicable 
to all EEO reports. This new subpart will replace the existing separate 
provisions addressing undue hardship applications for the six EEO 
reports; therefore, the NPRM also proposed to remove and reserve 29 CFR 
1602.10, 1602.18, 1602.25, 1602.35, 1602.44, and 1602.53. This new 
subpart will apply to all EEO reports as now constituted or 
subsequently modified.
    In addition, the Commission proposed to revise its regulations to: 
(1) delegate to its Chief Data Officer (CDO) or the CDO's designee \1\ 
the authority to make determinations on exemption applications; (2) 
establish express

[[Page 1877]]

procedures for exemption applications; and (3) delineate the criteria 
that are used for assessing exemption applications.
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    \1\ References to the CDO in this final rule include the CDO's 
designee.
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Comments

    The EEOC received two brief comments from individuals. Both 
comments emphasized the importance of efficiency when the EEOC 
processes hardship exemptions. Neither comment suggested changes to the 
text of the proposed rule.
    The final rule adopts all amendments proposed in the NPRM without 
any revisions.

Regulatory Procedures

Executive Order 12866

    The Commission has complied with the principles in section 1(b) of 
Executive Order 12866, Regulatory Planning and Review. This final rule 
is not a ``significant regulatory action'' under section 3(f) of the 
order and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of the order.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) (PRA) applies to 
rulemakings in which an agency creates a new paperwork burden on 
regulated entities or modifies an existing burden. This final rule 
imposes no new information collection requirements on the public, and 
therefore it 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 PRA.

Regulatory Flexibility Act

    The Commission certifies under 5 U.S.C. 605(b) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities. To the extent that it affects small entities, it merely 
clarifies the process for requesting exemptions. For this reason, a 
regulatory flexibility analysis is not required.

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 private sector, of 
$100 million or more in any one year, and it will not significantly or 
uniquely affect small governments. To the extent that it may apply to 
state or local government reporting requirements, it merely clarifies 
the process for requesting exemptions. Therefore, no actions were 
deemed necessary under the provisions of the Unfunded Mandates Reform 
Act of 1995.

Congressional Review Act

    This final rule does not substantially affect the rights or 
obligations of non-agency parties and, accordingly, it is not a 
``rule'' pursuant to the Congressional Review Act. Therefore, the 
reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 29 CFR Part 1602

    Administrative practice and procedure, Equal employment 
opportunity, Reporting and recordkeeping requirements.

    Accordingly, for the reasons discussed in the preamble, the Equal 
Employment Opportunity Commission amends 29 CFR part 1602 as follows:

PART 1602--RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE 
VII, THE ADA, GINA, AND THE PWFA

0
1. The authority citation for 29 CFR part 1602 continues to read as 
follows:

    Authority: 42 U.S.C. 2000e-8, 2000e-12; 44 U.S.C. 3501 et seq.; 
42 U.S.C. 12117; 42 U.S.C. 2000ff-6; 42 U.S.C. 2000gg-2.

Sec. Sec.  1602.10, 1602.18, 1602.25, 1602.35, 1602.44, and 
1602.53  [Removed and Reserved]

0
2. Remove and reserve Sec. Sec.  1602.10, 1602.18, 1602.25, 1602.35, 
1602.44, and 1602.53.

0
3. Add subpart S, consisting of Sec. Sec.  1062.57 and 1602.58, to read 
as follows:
Subpart S--Exemption From Reporting Requirements
Sec.
1602.57 Procedures.
1602.58 Consideration of exemption requests.

Subpart S--Exemption From Reporting Requirements

Sec.  1602.57  Procedures.

    (a) If a filer claims that the preparation or filing of the report 
would create undue hardship, the filer may apply to the Commission for 
an exemption from the requirements set forth in this part by submitting 
a written exemption application according to the applicable 
collection's accompanying instructions. Filers must demonstrate with 
specific facts (and supporting documentation, as appropriate) how 
preparing or filing the report would create undue hardship.
    (b) The Commission hereby delegates to its Chief Data Officer 
(CDO), or the CDO's designee, authority to make determinations on 
applications for exemptions under this subpart.
    (1) The CDO shall expeditiously issue a written determination 
notifying the filer of the disposition of the exemption application.
    (2) If the CDO denies the application for an exemption, the CDO 
will notify the filer in writing of the following:
    (i) The deadline for filing the report, which will be at least 30 
calendar days after the CDO's determination; and
    (ii) That the filer may bring a civil action in the United States 
District Court for the district where the filer's records are kept, 
pursuant to 42 U.S.C. 2000e-8(c).
    (c) While an application is pending, the filer must continue to 
collect and prepare the data required for the report in case the 
exemption request is denied.
    (d) The CDO will report annually to the Commission the number of 
exemption applications received and the determinations made on those 
applications and will make the applications and written determinations 
available to the Commission.

Sec.  1602.58  Consideration of exemption requests.

    (a) The CDO, or the CDO's designee, will consider the facts and 
circumstances presented in each application, including but not limited 
to:
    (1) The nature and extent of the filer's efforts to collect and 
retain the required information;
    (2) The degree to which the filer attempted to anticipate and 
preempt any problems in collecting and retaining the required 
information;
    (3) The filer's prior data reporting history, including whether the 
filer previously failed to submit a report or requested an exemption, 
and if so, whether such exemption was granted;
    (4) The degree to which the circumstances are beyond the filer's 
control or are extraordinary; and
    (5) The degree to which compliance has been rendered impracticable 
or impossible (e.g., due to natural disaster or data loss).
    (b) The filer bears the burden to demonstrate that the reporting 
requirement would result in undue hardship.
    (c) Circumstances that generally will not form the basis of a 
finding of undue hardship include, but are not limited to:
    (1) A filer's number of establishments alone;
    (2) A filer's lack of knowledge about the reporting requirements;
    (3) Routine or purposeful data expungement by the filer or a third 
party; and

[[Page 1878]]

    (4) A filer's failure to plan for adequate data security, 
maintenance, or transfer (e.g., data loss due to a change in vendor or 
employee succession where the filer or vendor failed to back up the 
data).

    Dated: December 31, 2024.
Charlotte A. Burrows,
Chair, Equal Employment Opportunity Commission.
[FR Doc. 2024-31751 Filed 1-8-25; 8:45 am]
BILLING CODE 6570-01-P
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