Rule2024-03176
Congressional Disapproval of Update of Commission's Conciliation Procedures
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 16, 2024
Effective
February 16, 2024
Issuing agencies
Equal Employment Opportunity Commission
Abstract
Pursuant to their authority under the Congressional Review Act (CRA), Congress passed, and the President signed, a joint resolution disapproving the Equal Employment Opportunity Commission's (EEOC or Commission) final rule titled "Update of Commission's Conciliation Procedures." Under the joint resolution and by operation of the CRA, this rule has no legal force or effect. The Commission hereby is removing it from the Code of Federal Regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 33 (Friday, February 16, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12232-12233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03176]
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Parts 1601 and 1626
RIN 3046-AB32
Congressional Disapproval of Update of Commission's Conciliation
Procedures
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule; Congressional Review Act revocation.
-----------------------------------------------------------------------
SUMMARY: Pursuant to their authority under the Congressional Review Act
(CRA), Congress passed, and the President signed, a joint resolution
disapproving the Equal Employment Opportunity Commission's (EEOC or
Commission) final rule titled ``Update of Commission's Conciliation
Procedures.'' Under the joint resolution and by operation of the CRA,
this rule has no legal force or effect. The Commission hereby is
removing it from the Code of Federal Regulations.
DATES: This final rule is effective February 16, 2024.
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, Office of Legal Counsel, at <a href="/cdn-cgi/l/email-protection#c4afa5b0aca8a1a1aaeaabb6a5a984a1a1aba7eaa3abb2"><span class="__cf_email__" data-cfemail="e982889d81858c8c87c7869b8884a98c8c868ac78e869f">[email protected]</span></a> or (202)
921-2665 (voice). 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), 1-800-669-6820 (TTY), or 1-844-234-
5122 (ASL video phone).
SUPPLEMENTARY INFORMATION: On October 9, 2020, the Commission published
a notice of proposed rulemaking (NPRM) in the Federal Register,
proposing amendments to its procedural rules governing the conciliation
process (85 FR 64079). The Commission published the final rule, titled
``Update of Commission's Conciliation Procedures,'' in the Federal
Register on January 14, 2021 (86 FR 2974) (``Final Rule''). The Final
Rule outlined the information that the Commission must provide when
undertaking conciliation efforts for charges alleging violations of
Title VII of the Civil Rights Act of 1964, the Americans with
Disabilities Act of 1990 (ADA), the Genetic Information
Nondiscrimination Act of 2008 (GINA), and the Age Discrimination in
Employment Act of 1967 (ADEA). The Final Rule became effective on
February 16, 2021.
On May 19, 2021, the United States Senate passed a joint resolution
(S.J. Res. 13) disapproving the Final Rule under the Congressional
Review Act (CRA) (5 U.S.C. 801 et seq.). The United States House of
Representatives passed S.J. Res. 13 on June 24, 2021. The President
signed the joint resolution into law as Public Law 117-22 on June 30,
2021. Under Public Law 117-22 and by operation of the CRA, the Final
Rule has no force or effect. Accordingly, the Commission is hereby
removing the Final Rule from the Code of Federal Regulations (CFR).
This action is not an exercise of the Commission's rulemaking
authority under the Administrative Procedure Act (APA) because the
Commission is not ``formulating, amending, or repealing a rule'' under
5 U.S.C. 551(5). Rather, the Commission is effectuating a change to the
Code of Federal Regulations to reflect what congressional and
presidential action already has accomplished. Accordingly, the
Commission is not soliciting comments on this action, nor is it
delaying the effective date.
List of Subjects in 29 CFR Parts 1601 and 1626
Administrative practice and procedure, Equal employment
opportunity.
For the reasons set forth above, and pursuant to the CRA (5 U.S.C.
801 et seq.) and Public Law 117-22, the Equal Employment Opportunity
Commission amends 29 CFR parts 1601 and 1626 as follows:
PART 1601--PROCEDURAL REGULATION
0
1. The authority citation for 29 CFR part 1601 continues 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; 28 U.S.C. 2461 note, as
amended; Pub. L. 104-134, Sec. 31001(s)(1), 110 Stat. 1373.
Sec. 1601.24 [Amended]
0
2. Amend Sec. 1601.24 by removing paragraphs (d), (e), and (f).
PART 1626--PROCEDURES--AGE DISCRIMINATION IN EMPLOYMENT ACT
0
3. The authority citation for 29 CFR 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
4. Revise Sec. 1626.12 to read as follows:
Sec. 1626.12 Conciliation efforts pursuant to section 7(d) of the
Act.
Upon receipt of a charge, the Commission shall promptly attempt to
eliminate any alleged unlawful practice
[[Page 12233]]
by informal methods of conciliation, conference and persuasion. Upon
failure of such conciliation the Commission will notify the charging
party. Such notification enables the charging party or any person
aggrieved by the subject matter of the charge to commence action to
enforce their rights without waiting for the lapse of 60 days.
Notification under this section is not a Notice of Dismissal or
Termination under Sec. 1626.17.
0
5. Amend Sec. 1626.15 by revising paragraph (d) to read as follows:
Sec. 1626.15 Commission enforcement.
* * * * *
(d) Upon the failure of informal conciliation, conference and
persuasion under section 7(b) of the Act, the Commission may initiate
and conduct litigation.
* * * * *
Charlotte A. Burrows,
Chair, Equal Employment Opportunity Commission.
[FR Doc. 2024-03176 Filed 2-15-24; 8:45 am]
BILLING CODE 6570-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 16, 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.