Rule2024-31751
Recordkeeping and Reporting Requirements Under Title VII, the ADA, GINA, and the PWFA
Primary source
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Published
January 10, 2025
Effective
January 10, 2025
Issuing agencies
Equal Employment Opportunity Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 6 (Friday, January 10, 2025)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#bafddbc8c394f2d5c0dfd7cadbfadfdfd5d994ddd5cc"><span class="__cf_email__" data-cfemail="5d1a3c2f247315322738302d3c1d3838323e733a322b">[email protected]</span></a>, or Lynn Dickinson, Senior
Attorney, at (202) 921-2559 or <a href="/cdn-cgi/l/email-protection#206c594e4e0e6449434b494e534f4e6045454f430e474f56"><span class="__cf_email__" data-cfemail="81cdf8efefafc5e8e2eae8eff2eeefc1e4e4eee2afe6eef7">[email protected]</span></a>, 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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