Rule2024-02764
Amendment of Procedural and Administrative Regulations To Include the Pregnant Workers Fairness Act (PWFA)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 14, 2024
Effective
February 14, 2024
Issuing agencies
Equal Employment Opportunity Commission
Abstract
The Equal Employment Opportunity Commission ("EEOC" or "Commission") is issuing an interim final rule to amend some of its existing procedural regulations to include references to the Pregnant Workers Fairness Act ("PWFA"), which requires covered employers to provide reasonable accommodations to a qualified applicant's or employee's known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. As an interim final rule, this will become effective on the date of publication but also is subject to change based on the public comments the EEOC receives during a subsequent 60-day comment period.
Full Text
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<title>Federal Register, Volume 89 Issue 31 (Wednesday, February 14, 2024)</title>
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[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Rules and Regulations]
[Pages 11167-11172]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02764]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Parts 1601, 1602, 1603, 1610, 1611, 1614, and 1626
RIN 3046-AB31
Amendment of Procedural and Administrative Regulations To Include
the Pregnant Workers Fairness Act (PWFA)
AGENCY: Equal Employment Opportunity Commission.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or
``Commission'') is issuing an interim final rule to amend some of its
existing procedural regulations to include references to the Pregnant
Workers Fairness Act (``PWFA''), which requires covered employers to
provide reasonable accommodations to a qualified applicant's or
employee's known limitations related to, affected by, or arising out of
pregnancy, childbirth, or related medical conditions, unless the
accommodation will cause the employer an undue hardship. As an interim
final rule, this will become effective on the date of publication but
also is subject to change based on the public comments the EEOC
receives during a subsequent 60-day comment period.
DATES: This interim final rule is effective on February 14, 2024.
Comments on this rule must be submitted on or before April 15, 2024.
ADDRESSES: You may submit comments, identified by RIN Number 3046-AB31,
by any of the following methods--please use only one method:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions on the website for submitting comments.
<bullet> Fax: Comments totaling six or fewer pages may be sent by
fax machine to (202) 663-4114. Receipt of fax transmittals will not be
acknowledged, except that the sender may request confirmation of
receipt by calling the Executive Secretariat staff at (202) 921-2815
(voice), (800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
<bullet> Mail: Comments may be submitted by mail to Raymond
Windmiller, Executive Officer, Executive Secretariat, U.S. Equal
Employment Opportunity Commission, 131 M Street NE, Washington, DC
20507.
<bullet> Hand Delivery/Courier: Raymond Windmiller, Executive
Officer, Executive Secretariat, U.S. Equal Employment Opportunity
Commission, 131 M Street NE, Washington, DC 20507.
Instructions: The Commission invites comments from all interested
parties. All comment submissions must include the Regulatory
Information Number (RIN) for this rulemaking. All comments received
will be posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including
any personal information you provide. However, the EEOC reserves the
right to refrain from posting libelous or otherwise inappropriate
comments, including those that contain obscene, indecent, or profane
language; that contain threats or defamatory statements; that contain
hate speech directed at race; color; sex; national origin; age;
religion; disability; or genetic information; or that promote or
endorse services or products.
Docket: For access to comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Copies of the received comments also will be
available for review at the Commission's library, 131 M Street NE,
Suite 4NW08R, Washington, DC 20507, between the hours of 9:30 a.m. and
5:00 p.m., from April 15, 2024. You must make an appointment with
library staff to review the comments in the Commission's library.
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, (202-900-8652 (voice); 1-800-669-6820 (TTY)), Office of Legal
Counsel, 131 M Street NE, Washington, DC 20507. Requests for this
notice in an
[[Page 11168]]
alternative format should be made to the Office of Communications and
Legislative Affairs at (202) 921-3191 (voice), (800) 669-6820 (TTY), or
(844) 234-5122 (ASL).
SUPPLEMENTARY INFORMATION: \1\
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\1\ On August 11, 2023, the EEOC issued a Notice of Proposed
Rule Making regarding the substantive provisions of the PWFA.
Regulations to Implement the Pregnant Workers Fairness Act, 88 FR
54714 (August 11, 2023).
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The Pregnant Workers Fairness Act (``PWFA'') became law on December
29, 2022, and became effective on June 27, 2023. The PWFA requires a
covered employer to provide reasonable accommodations for a qualified
employee's or applicant's known limitations related to pregnancy,
childbirth, or related medical conditions, unless the employer can
demonstrate that the accommodation would impose an undue hardship on
the employer's operation of the business. In crafting the PWFA
enforcement section, Congress recognized the advisability of using the
existing mechanisms and procedures in place for redress of other forms
of employment discrimination. Specifically, under 42 U.S.C. 2000gg-2(a)
of the PWFA, the enforcement mechanisms and procedures set forth in
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-4, et seq.,
as amended, apply to employees defined in section 701(f) of Title VII,
42 U.S.C. 2000e(f), (non-federal sector employees) (except as provided
in 42 U.S.C. 2000gg-2(a)(2) & (3)). Under 42 U.S.C. 2000gg-2(d), the
enforcement mechanisms and procedures set forth in the Government
Employee Rights Act of 1991 (GERA), 42 U.S.C. 2000e-16b and 16c, apply
to employees covered by GERA (except as provided in 42 U.S.C. 2000gg-
2(d)(2) & (3)). Finally, under 42 U.S.C. 2000gg-2(e), the enforcement
mechanisms and procedures set forth in section 717 of Title VII the
Civil Rights Act of 1964, 42 U.S.C. 2000e-16, apply to employees
covered by section 717 (federal-sector employees) (except as provided
in 42 U.S.C. 2000gg-2(e)(2) & (3)).
Based on the PWFA's adoption of the enforcement mechanisms and
procedures of Title VII and GERA, the procedures implementing those
statutory provisions in the EEOC's regulations also will apply to the
PWFA. Specifically, the EEOC's procedures for the PWFA will follow the
rules found at 29 CFR parts 1601 (procedural regulations), 1602
(recordkeeping and reporting requirements under Title VII, the
Americans with Disabilities Act (ADA), and the Genetic Information
Nondiscrimination Act (GINA)), 1603 (procedures for previously exempt
state and local government employee complaints of employment
discrimination under section 304 of the Government Employee Rights Act
of 1991), and 1614 (federal sector equal employment opportunity). Thus,
employees covered by the PWFA will file charges or complaints and the
EEOC will investigate or otherwise process them using the same
procedures as set out in Title VII or GERA. In this interim final rule,
therefore, the EEOC is amending its procedural and administrative
regulations to add references in these rules to the PWFA.
Likewise, this interim final rule amends 29 CFR parts 1610
(availability of records), 1611 (Privacy Act regulations), and 1626
(procedures--Age Discrimination in Employment Act) to include
references to the PWFA in the lists of laws enforced by the EEOC. All
EEOC records involving the PWFA are covered by the key privacy and
government records provisions in the Freedom of Information Act (5
U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). In addition, because
29 CFR 1626.17(a)(2), part of the EEOC's ADEA regulation, references
the full universe of EEOC enforced laws, it must be supplemented to add
the PWFA.
Finally, in the amendment of the procedural regulations after the
passage of GINA, reference to GINA was inadvertently omitted from the
list of statutes enforced by the EEOC in 29 CFR 1614.503. Thus, the
proposed interim final rule adds GINA to 29 CFR 1614.503 in the list of
statutes enforced by the EEOC. This change is a ministerial correction
of a technical oversight.
The Administrative Procedure Act requires in section 553 that
rulemaking start with public notice and an invitation for comments on
the proposed rule, except when statutory exceptions apply. When an
agency determines that there is ``good cause'' to find that public
notice and comment is ``impracticable, unnecessary, or contrary to the
public interest,'' public comments prior to the effectiveness of a
final rule are not required as long as the agency ``incorporates the
finding and a brief statement'' of its reasons in the rule itself. 5
U.S.C. 553(b)(B).
Under 5 U.S.C. 553(b)(B), there is ``good cause'' to find that
notice and comment ``are impracticable, unnecessary, or contrary to the
public interest'' for this rulemaking, such that it is appropriate to
issue this regulation as an interim final rule. The types of rules that
satisfy the ``unnecessary'' prong of this standard due to their
administrative or insignificant nature include nondiscretionary changes
required by statute and technical changes that do not impact rights or
responsibilities.
Public comment is ``unnecessary'' under this standard because by
its express statutory terms the PWFA requires the EEOC to follow
existing procedures originally established by Congress in earlier EEOC-
enforced laws and already implemented by the agency in long-standing
EEOC procedural regulations. This interim final regulation simply adds
reference to the PWFA in the lists of EEOC-enforced statutes subject to
these procedures. The statutory terms of the PWFA do not give the EEOC
any discretion to change these established procedures for the
enforcement of the PWFA or to make exceptions from the established
procedures for the PWFA. Therefore, the EEOC has determined that an
interim final rule is appropriate. The EEOC will accept comments on
this rule and will consider such comments to the extent that the
changes can be made within the statutory framework of the PWFA.
In addition, as a purely ministerial change, this interim final
rule adds the PWFA to the lists of the statutes the EEOC enforces--and
therefore now creates records about--in its Public Records regulation
(29 CFR part 1610) and its Privacy Act regulation (29 CFR part 1611).
EEOC records concerning enforcement of the PWFA are government records
and therefore are subject to the Freedom of Information Act and the
Privacy Act. Accordingly, the EEOC will process public records requests
for PWFA-related documents pursuant to its Freedom of Information Act
procedures at 29 CFR part 1610 and will protect information in those
records pursuant to its Privacy Act procedures at 29 CFR part 1611.
Finally, the ADEA regulation includes a list of EEOC statutes
enforced at 29 CFR 1626.17(a)(2). To make this list complete, this
rulemaking adds a reference to the PWFA in this list. This is a
ministerial change making it express that the PWFA is a law the EEOC
now enforces.
Under 5 U.S.C. 553(b)(B), a rulemaking can be exempt from prior
notice and comment if an agency finds good cause that the notice and
comment would be ``contrary to the public interest.'' The absence of
this rule, or significant delay in its promulgation, could result in
public confusion concerning the EEOC's procedures for administering the
PWFA to the detriment of the public, and would therefore be ``contrary
to the public interest.''
[[Page 11169]]
Because these changes to the EEOC's existing regulations all are
either statutorily required in their terms or are purely ministerial in
the interest of completeness, there is ``good cause'' for this interim
final rule to become effective immediately upon publication under 5
U.S.C. 553(b)(B), with provision for post-promulgation public comment
and the possibility for the Commission to change the Interim Final Rule
at a later date. For the same reasons, there is good cause to provide
for an immediate effective date. See 5 U.S.C. 553(d)(3).
Regulatory Procedures
Executive Order 12866 (as Amended by Executive Order 14094)
The Commission has complied with the principles in section 1(b) of
Executive Order 12866, as amended by Executive Order 14094, Regulatory
Planning and Review. This rule is not a ``significant regulatory
action'' under section 3(f) of the Executive Order and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
the Executive Order.
Paperwork Reduction Act
This regulation contains no new information collection requirements
subject to review by the Office of Management and Budget under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 604, requires a final
regulatory flexibility analysis only for rules ``after being required
to publish a general notice of proposed rulemaking'' or for
interpretive internal revenue laws. The EEOC's interim final rule
amending the EEOC's procedural regulations to include references to the
PWFA is being promulgated without a notice of proposed rulemaking for
the reasons described above. Further, it does not concern internal
revenue matters. Therefore, no regulatory flexibility analysis is
required.
Unfunded Mandates Reform Act of 1995
This 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, in 1995 dollars, updated annually for
inflation. In 2023, that threshold is approximately $177 million. It
will not significantly or uniquely affect small governments. Therefore,
no actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.
List of Subjects in 29 CFR Parts 1601, 1602, 1603, 1610, 1611,
1614, and 1626
Administrative practice and procedure, Equal employment
opportunity.
For the Commission.
Dated: February 6, 2024.
Charlotte A. Burrows,
Chair, U.S. Equal Employment Opportunity Commission.
Accordingly, the U.S. Equal Employment Opportunity Commission
amends 29 CFR parts 1601, 1602, 1603, 1610, 1611, 1614, and 1626 as
follows:
PART 1601--PROCEDURAL REGULATIONS
0
1. The authority citation for part 1601 is revised to read as follows:
Authority: 42 U.S.C. 2000e to 2000e-17; 42 U.S.C. 12111 to
12117; 42 U.S.C. 2000ff to 2000ff-11; 42 U.S.C. 2000gg to 2000gg-6;
28 U.S.C. 2461 note, as amended; Pub. L. 104-134, Sec. 31001(s)(1),
110 Stat. 1373.
0
2. Section 1601.1 is revised to read as follows:
Sec. 1601.1 Purpose.
The regulations set forth in this part contain the procedures
established by the Equal Employment Opportunity Commission for carrying
out its responsibilities in the administration and enforcement of title
VII of the Civil Rights Act of 1964, the Americans with Disabilities
Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and
the Pregnant Workers Fairness Act. Section 107 of the Americans with
Disabilities Act, section 207 of the Genetic Information
Nondiscrimination Act, and section 104 of the Pregnant Workers Fairness
Act incorporate the powers, remedies and procedures set forth in
sections 705, 706, 707, 709 and 710 of the Civil Rights Act of 1964.
Based on its experience in the enforcement of title VII, the Americans
with Disabilities Act, the Genetic Information Nondiscrimination Act,
and the Pregnant Workers Fairness Act, and upon its evaluation of
suggestions and petitions for amendments submitted by interested
persons, the Commission may from time to time amend and revise these
procedures.
0
3. Revise the heading of Sec. 1601.2 to read as follows:
Sec. 1601.2 Terms defined in title VII of the Civil Rights Act, the
Americans with Disabilities Act, the Genetic Information
Nondiscrimination Act, and the Pregnant Workers Fairness Act.
0
4. Section 1601.3 is amended by revising paragraph (a) to read as
follows:
Sec. 1601.3 Other definitions.
(a) For the purposes of this part, the term title VII shall mean
title VII of the Civil Rights Act of 1964; the term ADA shall mean the
Americans with Disabilities Act of 1990; the term GINA shall mean the
Genetic Information Nondiscrimination Act of 2008; the term PWFA shall
mean the Pregnant Workers Fairness Act; the terms EEOC or Commission
shall mean the Equal Employment Opportunity Commission or any of its
designated representatives; the term Washington Field Office shall mean
the Commission's primary non-Headquarters office serving the District
of Columbia and Virginia suburban counties and jurisdictions; the term
FEP agency shall mean a State or local agency which the Commission has
determined satisfies the criteria stated in section 706(c) of title
VII; and the term verified shall mean sworn to or affirmed before a
notary public, designated representative of the Commission, or other
person duly authorized by law to administer oaths and take
acknowledgements, or supported by an unsworn declaration in writing
under penalty of perjury.
Sec. Sec. 1601.6, 1601.7, 1601.10, 1601.11, 1601.13, 1601.17, 1601.18,
1601.21, 1601.22, 1601.24, 1601.25, 1601.26, 1601.28, 1601.30, 1601.70,
and 1601.79 [Amended]
0
5. Remove the words ``title VII, the ADA, or GINA'' and add in their
place the words ``title VII, the ADA, GINA, or the PWFA'' wherever they
appear in the following places:
0
a. Sec. 1601.6(a);
0
b. Sec. 1601.7(a);
0
c. Sec. 1601.10;
0
d. Sec. 1601.11(b);
0
e. Sec. 1601.13(a)(3)(i), (a)(4)(i);
0
f. Sec. 1601.17(a);
0
g. Sec. 1601.18(a);
0
h. Sec. 1601.21(a), (e)(2)(iii);
0
i. Sec. 1601.22;
0
j. Sec. 1601.24(c);
0
k. Sec. 1601.25;
0
l. Sec. 1601.26(a);
0
m. Sec. 1601.28(a)(3), (b)(1);
0
n. Sec. 1601.30(a);
0
o. Sec. 1601.70(d);
0
p. Sec. 1601.79.
Sec. Sec. 1601.16, 1601.30, and 1601.34 [Amended]
0
6. Remove the words ``title VII, the ADA, and GINA'' and add in their
place the words ``title VII, the ADA, GINA, and the PWFA'' wherever
they appear in the following places:
0
a. Sec. 1601.16(a);
0
b. Sec. 1601.30(a);
0
c. Sec. 1601.34.
0
7. Section 1601.28(e)(1) is revised to read as follows:
[[Page 11170]]
Sec. 1601.28 Notice of Right to Sue: Procedure and Authority.
(e) * * *
(1) Authorization to the aggrieved person to bring a civil action
under title VII, the ADA, GINA, or the PWFA pursuant to section
706(f)(1) of title VII, section 107 of the ADA, section 207 of GINA, or
section 104 of the PWFA within 90 days from receipt of such
authorization;
0
8. Section 1601.70(a)(1) is revised to read as follows:
Sec. 1601.70 FEP agency qualifications.
(a) * * *
(1) That the state or political subdivision has a fair employment
practice law which makes unlawful employment practices based upon race;
color; religion; sex; national origin; disability; genetic information;
or pregnancy, childbirth, or related medical conditions; and
PART 1602--RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE
VII, THE ADA, GINA, AND THE PWFA
0
9. The heading for part 1602 is revised to read as set forth above.
0
10. The authority citation for part 1602 is revised 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.
0
11. Section 1602.1 is revised to read as follows:
Sec. 1602.1 Purpose and scope.
Section 709 of title VII (42 U.S.C. 2000e-8), section 107 of the
Americans with Disabilities Act (ADA) (42 U.S.C. 12117), section 207(a)
of the Genetic Information Nondiscrimination Act (GINA) (42 U.S.C.
2000ff-6), and section 104 of the Pregnant Workers Fairness Act (PWFA)
(42 U.S.C 2000gg-2) require the Commission to establish regulations
pursuant to which employers, labor organizations, joint labor-
management committees, and employment agencies subject to those Acts
shall make and preserve certain records and shall furnish specified
information to aid in the administration and enforcement of the Acts.
Sec. Sec. 1602.11, 1602.12, 1602.14, 1602.19, 1602.21(b), 1602.26,
1602.28, 1602.31, 1602.37, 1602.45, and 1602.54 [Amended]
0
12. Remove the words ``title VII, the ADA, or GINA'' and add in their
place the words ``title VII, the ADA, GINA, or the PWFA''; and remove
the words ``section 709(c) of title VII, section 107 of the ADA, or
section 207(a) of GINA'' and add in their place the words ``section
709(c) of title VII, section 107 of the ADA, section 207(a) of GINA, or
section 104 of the PWFA'' wherever they appear in the following places:
0
a. Sec. 1602.11;
0
b. Sec. 1602.12;
0
c. Sec. 1602.14;
0
d. Sec. 1602.19;
0
e. Sec. 1602.21(b);
0
f. Sec. 1602.26;
0
g. Sec. 1602.28(a);
0
h. Sec. 1602.31;
0
i. Sec. 1602.37;
0
j. Sec. 1602.45;
0
k. Sec. 1602.54.
PART 1603--PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL
GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER
SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991
0
13. The authority citation for part 1603 is revised to read as follows:
Authority: 42 U.S.C. 2000e-16c; 42 U.S.C. 2000ff-6(b); 42 U.S.C
2000gg-2.
0
14. Section 1603.102(a) is revised to read as follows:
Sec. 1603.102 Filing a complaint.
(a) Who may make a complaint. Individuals referred to in Sec.
1603.101 who believe they have been discriminated against on the basis
of race; color; religion; sex; national origin; age; disability;
genetic information; or pregnancy, childbirth, or related medical
conditions; or retaliated against for opposing any practice made
unlawful by federal laws protecting equal employment opportunity or for
participating in any stage of administrative or judicial proceedings
under federal laws protecting equal employment opportunity may file a
complaint not later than 180 days after the occurrence of the alleged
discrimination.
* * * * *
PART 1610--AVAILABILITY OF RECORDS
0
15. The authority citation for part 1610 continues to read as follows:
Authority: 42 U.S.C. 2000e-12(a), 5 U.S.C. 552 as amended by
Pub. L. 93-502, Pub. L. 99-570, and Pub. L. 105-231; for Sec.
1610.15, non-search or copy portions are issued under 31 U.S.C.
9701.
0
16. Section 1610.7(a)(4) is revised to read as follows:
Sec. 1610.7 Where to make request; form.
(a) * * *
(4) Materials in office investigative files related to charges
under: Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.); the Equal Pay Act (29 U.S.C. 206(d)); the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 621 et seq.); the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.);
or the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.).
* * * * *
0
17. Section 1610.17(i) is revised to read as follows:
Sec. 1610.17 Exemptions.
* * * * *
(i) Section 107 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12117); section 207(a) of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-6); and section 104 of
the Pregnant Workers Fairness Act (42 U.S.C. 2000gg-2) explicitly adopt
the powers, remedies, and procedures set forth in sections 706 and 709
of title VII. Accordingly, the prohibitions on disclosure contained in
sections 706 and 709 of title VII as outlined in paragraphs (b), (c),
(d), and (e) of this section, apply with equal force to requests for
information related to charges and executed statistical reporting forms
filed with the Commission under the Americans with Disabilities Act,
the Genetic Information Nondiscrimination Act, or the Pregnant Workers
Fairness Act.
* * * * *
PART 1611--PRIVACY ACT REGULATIONS
0
18. The authority citation for part 1611 continues to read as follows:
Authority: 5 U.S.C. 552a.
0
19. Section 1611.13 is amended by revising the introductory text,
paragraph (a), and the first sentence of paragraph (c) to read as
follows:
Sec. 1611.13 Specific Exemptions--Charge and complaint files.
Pursuant to subsection (k)(2) of the Act, 5 U.S.C. 552a(k)(2),
systems EEOC-1 (Age and Equal Pay Act Discrimination Case Files), EEOC-
3 (Title VII, Americans with Disabilities Act, GINA, and PWFA
Discrimination Case Files), EEOC-15 (Internal Harassment Inquiries) and
EEOC/GOVT-1 (Equal Employment Opportunity Complaint Records and Appeal
Records) are exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f) of the Privacy Act. The Commission has
determined to exempt these systems from the above-
[[Page 11171]]
named provisions of the Privacy Act for the following reasons:
(a) The files in these systems contain information obtained by the
Commission and other Federal agencies in the course of harassment
inquiries, and investigations of charges and complaints that violations
of Title VII of the Civil Rights Act, the Age Discrimination in
Employment Act, the Equal Pay Act, the Americans with Disabilities Act,
the Rehabilitation Act, the Genetic Information Nondiscrimination Act,
and the Pregnant Workers Fairness Act have occurred. It would impede
the law enforcement activities of the Commission and other agencies if
these provisions of the Act applied to such records.
* * * * *
(c) Subject individuals of the files in EEOC-1 (Age and Equal Pay
Act Discrimination Case Files), EEOC-3 (Title VII, Americans with
Disabilities Act, GINA, and PWFA Discrimination Case Files), and EEOC/
GOVT-1 (Equal Employment Opportunity Complaint Records and Appeal
Records) have been provided a means of access to their records by the
Freedom of Information Act. * * *
* * * * *
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY
0
20. The authority citation for part 1614 is revised to read as follows:
Authority: 29 U.S.C. 206(d), 633a, 791 and 794a; 42 U.S.C.
2000e-16, 2000ff-6(e), and 2000gg-2(e); E.O. 10577, 3 CFR, 1954-1958
Comp., p. 218; E.O. 11222, 3 CFR, 1964-1965 Comp., p. 306; E.O.
11478, 3 CFR, 1969 Comp., p. 133; E.O. 12106, 3 CFR, 1978 Comp., p.
263; Reorg. Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321.
0
21. Section 1614.101 is revised to read as follows:
Sec. 1614.101 General policy.
(a) It is the policy of the Government of the United States to
provide equal opportunity in employment for all persons, to prohibit
discrimination in employment because of race; color; religion; sex;
national origin; age; disability; genetic information; or pregnancy,
childbirth, or related medical conditions; and to promote the full
realization of equal employment opportunity through a continuing
affirmative program in each agency.
(b) No person shall be subject to retaliation for opposing any
practice made unlawful by title VII of the Civil Rights Act (title VII)
(42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act
(ADEA) (29 U.S.C. 621 et seq.), the Equal Pay Act (29 U.S.C. 206(d)),
the Rehabilitation Act (29 U.S.C. 791 et seq.), the Genetic Information
Nondiscrimination Act (GINA) (42 U.S.C. 2000ff et seq.), or the
Pregnant Workers Fairness Act (PWFA) (42 U.S.C. 2000gg et seq.) or for
participating in any stage of administrative or judicial proceedings
under those statutes.
0
22. Section 1614.102(a)(4) is revised to read as follows:
Sec. 1614.102 Agency program.
(a) * * *
(4) Communicate the agency's equal employment opportunity policy
and program and its employment needs to all sources of job candidates
without regard to race; color; religion; sex; national origin; age;
disability; genetic information; or pregnancy, childbirth, or related
medical conditions; and solicit their recruitment assistance on a
continuing basis;
* * * * *
0
23. Section 1614.103(a) is revised to read as follows:
Sec. 1614.103 Complaints of discrimination covered by this part.
(a) Individual and class complaints of employment discrimination
and retaliation prohibited by title VII (discrimination on the basis of
race, color, religion, sex and national origin), the ADEA
(discrimination on the basis of age when the aggrieved individual is at
least 40 years of age), the Rehabilitation Act (discrimination on the
basis of disability), the Equal Pay Act (sex-based wage
discrimination), GINA (discrimination on the basis of genetic
information), or the PWFA (discrimination on the basis of pregnancy,
childbirth, or related medical conditions) shall be processed in
accordance with this part. Complaints alleging retaliation prohibited
by these statutes are considered to be complaints of discrimination for
purposes of this part.
* * * * *
0
24. Amend Sec. 1614.105 by revising paragraph (a) introductory text to
read as follows:
Sec. 1614.105 Pre-complaint processing.
(a) Aggrieved persons who believe they have been discriminated
against on the basis of race; color; religion; sex; national origin;
age; disability; genetic information; or pregnancy, childbirth, or
related medical conditions must consult a Counselor prior to filing a
complaint in order to try to informally resolve the matter.
* * * * *
0
25. Section 1614.204(a)(1) is revised to read as follows:
Sec. 1614.204 Class complaints.
(a) * * *
(1) A class is a group of employees, former employees or applicants
for employment who, it is alleged, have been or are being adversely
affected by an agency personnel management policy or practice that
discriminates against the group on the basis of their race; color;
religion; sex; national origin; age; disability; genetic information;
or pregnancy, childbirth, or related medical conditions.
* * * * *
0
26. Amend Sec. 1614.302 by revising paragraphs (a)(1) and (2) to read
as follows:
Sec. 1614.302 Mixed case complaints.
(a) * * *
(1) Mixed case complaint. A mixed case complaint is a complaint of
employment discrimination filed with a federal agency based on race;
color; religion; sex; national origin; age; disability; genetic
information; or pregnancy, childbirth, or related medical conditions
related to or stemming from an action that can be appealed to the Merit
Systems Protection Board (MSPB). The complaint may contain only an
allegation of employment discrimination or it may contain additional
allegations that the MSPB has jurisdiction to address.
(2) Mixed case appeals. A mixed case appeal is an appeal filed with
the MSPB that alleges that an appealable agency action was effected, in
whole or in part, because of discrimination on the basis of race;
color; religion; sex; national origin; disability; age; genetic
information; or pregnancy, childbirth, or related medical conditions.
* * * * *
0
27. Section 1614.304(b)(3) is revised to read as follows:
Sec. 1614.304 Contents of petition.
* * * * *
(b) * * *
(3) A statement of the reasons why the decision of the MSPB is
alleged to be incorrect, in whole or in part, only with regard to
issues of discrimination based on race; color; religion; sex; national
origin; age; disability; genetic information; or pregnancy, childbirth,
or related medical conditions;
* * * * *
0
28. Amend Sec. 1614.407 by revising the introductory text to read as
follows:
[[Page 11172]]
Sec. 1614.407 Civil action: Title VII, Age Discrimination in
Employment Act, Rehabilitation Act, Genetic Information
Nondiscrimination Act, and Pregnant Workers Fairness Act.
A complainant who has filed an individual complaint, an agent who
has filed a class complaint or a claimant who has filed a claim for
individual relief pursuant to a class complaint is authorized under
title VII, the ADEA, the Rehabilitation Act, Genetic Information
Nondiscrimination Act, and the Pregnant Workers Fairness Act to file a
civil action in an appropriate United States District Court:
* * * * *
0
29. Section Sec. 1614.503(g) is revised to read as follows:
Sec. 1614.503 Enforcement of final Commission decisions.
* * * * *
(g) Notification to complainant of completion of administrative
efforts. Where the Commission has determined that an agency is not
complying with a prior decision, or where an agency has failed or
refused to submit any required report of compliance, the Commission
shall notify the complainant of the right to file a civil action for
enforcement of the decision pursuant to Title VII, the ADEA, the Equal
Pay Act, the Rehabilitation Act, the Genetic Information
Nondiscrimination Act, or the Pregnant Workers Fairness Act and to seek
judicial review of the agency's refusal to implement the ordered relief
pursuant to the Administrative Procedure Act, 5 U.S.C. 701 et seq., and
the mandamus statute, 28 U.S.C. 1361, or to commence de novo
proceedings pursuant to the appropriate statutes.
0
30. Section Sec. 1614.702(j) is revised to read as follows:
Sec. 1614.702 Definitions.
* * * * *
(j) The term basis of alleged discrimination refers to the
individual's protected status (i.e., race; color; religion; reprisal;
sex; national origin; Equal Pay Act; age; disability; genetic
information; or pregnancy, childbirth, or related medical conditions).
Only those bases protected by Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e et seq., the Equal Pay Act of 1963,
29 U.S.C. 206(d), the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 621 et seq., the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 791 et seq., the Genetic Information
Nondiscrimination Act, 42 U.S.C. 2000ff et seq., and the Pregnant
Workers Fairness Act, 42 U.S.C. 2000gg et seq., are covered by the
Federal EEO process.
* * * * *
PART 1626--PROCEDURES--AGE DISCRIMINATION IN EMPLOYMENT ACT
0
31. The authority citation for part 1626 continues to read as follows:
Authority: Sec. 9, 81 Stat. 605, 29 U.S.C. 628; sec. 2, Reorg.
Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321.
0
32. Section 1626.17(a)(2) is revised to read as follows:
Sec. 1626.17 Notice of dismissal or termination.
(a) * * *
(2) Where the charge has been filed under the ADEA and title VII,
the Americans with Disabilities Act (ADA), the Genetic Information
Nondiscrimination Act (GINA), or the Pregnant Workers Fairness Act
(PWFA), the Commission will issue a Notice of Dismissal or Termination
under the ADEA at the same time it issues the Notice of Right to Sue
under title VII, the ADA, GINA, or the PWFA, in accordance with 29 CFR
1601.28.
* * * * *
[FR Doc. 2024-02764 Filed 2-13-24; 8:45 am]
BILLING CODE 6570-01-P
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</html>Indexed from Federal Register on February 14, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.