Unified Agenda
29 CFR Ch. XIV
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:
Carol R. Miaskoff, Assistant Legal Counsel, Office of Legal Counsel, Equal Employment Opportunity Commission, 1801 L Street NW., Washington, DC 20507; telephone (202) 663-4689.
SUPPLEMENTARY INFORMATION:
The Commission has identified five regulations for inclusion in this regulatory agenda. One of these items is completed, one is withdrawn, and three are currently under development or review by Commission staff.
Signed in Washington, DC, this 22nd day of February 2001.
For the Commission.
Ida L. Castro, Chairwoman.
| Equal Employment Opportunity Commission—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 3629 | Federal Sector Equal Employment Opportunity | 3046-AA57 |
| Equal Employment Opportunity Commission—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 3630 | Procedures—The Age Discrimination in Employment Act | 3046-AA54 |
| 3631 | Conforming Treatment of Federal Sector Administrative Judge Decisions | 3046-AA71 |
| Equal Employment Opportunity Commission—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 3632 | Disparate Impact Under the Age Discrimination in Employment Act (ADEA) | 3046-AA64 |
| 3633 | Waivers of Rights and Claims: Tender Back of Consideration | 3046-AA68 |
3629. FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY
Agency:
Equal Employment Opportunity Commission (EEOC)
Priority:
Other Significant
Legal Authority:
PL 102-569, The Rehabilitation Act Amendments of 1992; 42 USC 2000e-16; 29 USC 794a
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 1614
Legal Deadline:
None
Abstract:
The Commission proposes to change its Federal sector equal employment opportunity regulations to implement the Rehabilitation Act Amendments of 1992. The 1992 amendments provide that the standards used to determine if title I of the Americans with Disabilities Act has been violated will apply to complaints of nonaffirmative action employment discrimination under section 501 of the Rehabilitation Act.
Statement of Need:
The Commission promulgated its latest regulation under section 501 of the Rehabilitation Act in April 1992, several months before Congress enacted the 1992 Rehabilitation Act Amendments. The Commission is thus proposing to amend its section 501 regulation, found at 29 CFR 1614.203, to implement the Rehabilitation Act Amendments.
Summary of Legal Basis:
Pursuant to sections 501 and 505 of the Rehabilitation Act, the Commission is authorized to issue such regulations as it deems necessary to carry out its responsibilities under the Act. The proposed regulatory revisions are not required by statute or court order.
Alternatives:
The Commission has reviewed comments and has considered suggested alternatives in developing this regulatory proposal. The Commission will consider all alternatives offered by public commenters.
Anticipated Cost and Benefits:
The proposed regulatory changes will enhance enforcement of the statutory requirements. Federal agencies and individuals will have a clearer understanding of their respective obligations and rights under the Rehabilitation Act. It is not anticipated that this proposal will result in increased costs.
Risks:
The proposed regulatory changes will lessen the risk of noncompliance with statutory requirements by identifying and providing detailed guidance on the appropriate legal standards governing Federal sector claims of nonaffirmative action employment discrimination under section 501 of the Rehabilitation Act. This proposal does not address risks to public health, safety, or the environment.
| Action | Date | FR Cite |
| NPRM | 03/01/00 | 65 FR 11019 |
| NPRM Comment Period End | 05/01/00 | |
| Final Action | 09/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
Carol Miaskoff, Assistant Legal Counsel, Office of Legal Counsel, Equal Employment Opportunity Commission, Room 6037, 1801 L Street NW, Washington, DC 20507
Phone: 202 663-4689
TDD Phone: 202 663-7026
Fax: 202 663-4639
RIN:
3046-AA57
3630. PROCEDURES—THE AGE DISCRIMINATION IN EMPLOYMENT ACT
Agency:
Equal Employment Opportunity Commission (EEOC)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 628, sec 115, Civil Rights Act of 1991
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 1626
Legal Deadline:
None
Abstract:
Section 115 of the Civil Rights Act of 1991 deleted references to the Portal to Portal Act from the private suit provisions of the Age Discrimination in Employment Act (ADEA) and replaced them with a requirement that suit be filed no later than 90 days after termination of proceedings or dismissal of a charge by EEOC. Accordingly, section 1626.7(a) is being deleted and section 1626.15(b) is being revised because they were both based upon the Portal to Portal Act. New sections are being added concerning termination of EEOC proceedings and the issuance of notices of the new 90-day limitation period.
| Action | Date | FR Cite |
| NPRM | To Be Determined |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
State, Local
Agency Contact:
Thomas J. Schlageter, Assistant Legal Counsel, Office of Legal Counsel, Equal Employment Opportunity Commission, 1801 L Street NW, Washington, DC 20507
Phone: 202 663-4669
TDD Phone: 202 663-7026
Fax: 202 663-4639
RIN:
3046-AA54
3631. CONFORMING TREATMENT OF FEDERAL SECTOR ADMINISTRATIVE JUDGE DECISIONS
Agency:
Equal Employment Opportunity Commission (EEOC)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 206(d), 633(a), 791 and 794a; 46 USC 2000e-16
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 1614.204
Legal Deadline:
None
Abstract:
We propose to conform the treatment of decisions by administrative judges on class complaints to the treatment of decisions by administrative judges on individual complaints; i.e., instead of issuing recommended decisions on reports of findings and recommendations, administrative judges will issue decisions that agencies can either fully implement or appeal.
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Agency Contact:
Thomas J. Schlageter, Assistant Legal Counsel, Office of Legal Counsel, Equal Employment Opportunity Commission, 1801 L Street NW, Washington, DC 20507
Phone: 202 663-4669
TDD Phone: 202 663-7026
Fax: 202 663-4639
RIN:
3046-AA71
3632. DISPARATE IMPACT UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)
Agency:
Equal Employment Opportunity Commission (EEOC)
Priority:
Substantive, Nonsignificant
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 1625.7 (Revision); 29 CFR 1625.23 (New)
| Reason | Date | FR Cite |
| Withdrawn | 02/22/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Joseph N. Cleary
Phone: 202 663-4647
TDD Phone: 202 663-7026
Fax: 202 663-4639
RIN:
3046-AA64
3633. WAIVERS OF RIGHTS AND CLAIMS: TENDER BACK OF CONSIDERATION
Agency:
Equal Employment Opportunity Commission (EEOC)
Priority:
Other Significant
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 1625
| Reason | Date | FR Cite |
| Final Action | 12/11/00 | 65 FR 77438 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
State, Local, Federal
Agency Contact:
Carol Miaskoff
Phone: 202 663-4689
TDD Phone: 202 663-7026
Fax: 202 663-4639
RIN:
3046-AA68