Amendment of Procedural and Administrative Regulations To Include the Genetic Information Nondiscrimination Act of 2008 (GINA), 23674-23677 [E9-11560]

Download as PDF 23674 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1175; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAAapproved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI European Aviation Safety Agency (EASA) Airworthiness Directive 2008–0036, dated February 22, 2008; and BAE Systems (Operations) Limited Service Bulletin J41–32–086, dated June 27, 2007; for related information. Issued in Renton, Washington, on May 7, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–11710 Filed 5–19–09; 8:45 am] BILLING CODE 4910–13–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Parts 1601, 1602, 1603, 1607, 1610, 1611, 1614, 1625, and 1690 RIN 3046–AA88 Amendment of Procedural and Administrative Regulations To Include the Genetic Information Nondiscrimination Act of 2008 (GINA) AGENCY: Equal Employment Opportunity Commission. ACTION: Notice of proposed rulemaking. The Equal Employment Opportunity Commission (‘‘EEOC’’ or ‘‘Commission’’) proposes to amend some of its existing regulations to include references to title II of the Genetic Information Nondiscrimination Act of 2008 (‘‘GINA’’), which prohibits employment discrimination based on genetic information. SUMMARY: VerDate Nov<24>2008 15:00 May 19, 2009 Jkt 217001 DATES: Comments must be received on or before July 20, 2009. ADDRESSES: Send written comments by mail to Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street, NE., Suite 6NE03F, Washington, DC 20507. Written comments of six or fewer pages may be faxed to the Executive Secretariat at (202) 663–4114. (There is no toll free FAX number.) Receipt of facsimile transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at (202) 663– 4070 (voice) or (202) 663–4074 (TTY). (These are not toll free numbers.) Instead of sending written comments to EEOC, comments may be submitted to EEOC electronically on the Federal eRulemaking Portal: https:// www.regulations.gov. After accessing this Web site, follow its instructions for submitting comments. All comments received will be posted without change to https:// www.regulations.gov, including any personal information you provide. Copies of the received comments also will be available for inspection in the EEOC Library by advance appointment only, from 9 a.m. to 5 p.m., Monday through Friday except legal holidays, from July 20, 2009 until the Commission publishes the rule in final form. Persons who schedule an appointment in the EEOC Library and need assistance to view the comments will be provided with appropriate aids upon request, such as readers or print magnifiers. To schedule an appointment to inspect the comments at the EEOC Library, contact the EEOC Library by calling (202) 663– 4630 (voice) or (202) 663–4641 (TTY). (These are not toll free numbers.) FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal Counsel, (202) 663–4668, or Erin N. Norris, Senior Attorney, (202) 663–4876, Office of Legal Counsel, 131 M Street, NE., Washington, DC 20507. Copies of this rule are available in the following alternate formats: large print, braille, electronic computer disk, and audiotape. Requests for this notice in an alternative format should be made to the Publications Center at 1–800–699–3362 (voice), 1–800–800–3302 (TTY), or 703– 821–2098 (FAX—this is not a toll free number). SUPPLEMENTARY INFORMATION: On May 21, 2008, President George W. Bush signed the Genetic Information Nondiscrimination Act of 2008 (‘‘GINA’’) into law. Title II of GINA protects job applicants, current and former employees, labor union PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 members, and apprentices and trainees from discrimination based on their genetic information. Title II of GINA’s coverage corresponds with that of Title VII of the Civil Rights Act of 1964, as amended, covering employers with 15 or more employees, employment agencies, labor unions, and joint labormanagement training programs, as well as federal sector employers. Title II will become effective on November 21, 2009. In a separate notice of proposed rulemaking, found at 74 FR 9056, EEOC issued proposed interpretive regulations under GINA. In the current rulemaking, EEOC is proposing to amend its procedural and administrative regulations to add references to GINA. In addition, EEOC is taking the opportunity to replace the outdated terms ‘‘handicap’’ and ‘‘handicaps’’ with the terms ‘‘disability’’ and ‘‘disabilities’’ throughout its regulations in Chapter XIV of Title 29 of the Code of Federal Regulations. 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 rule is not a ‘‘significant regulatory action’’ under section 3(f) of the Order 12866, and does not require an assessment of potential costs and benefits under section 6(a)(3) of the 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. chapter 35). Regulatory Flexibility Act The Commission certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities because it only adds references and does not impose a burden on any business entities. For this reason, a regulatory flexibility analysis is not 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, and 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. E:\FR\FM\20MYP1.SGM 20MYP1 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules Congressional Review Act This action does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a ‘‘rule’’ as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. List of Subjects in 29 CFR Parts 1601, 1602, 1603, 1607, 1610, 1611, 1614, 1625, and 1690 Administrative practice and procedure, Equal employment opportunity. For the Commission. Dated: May 12, 2009. Stuart J. Ishimaru, Acting Chairman. PART 1601—PROCEDURAL REGULATIONS 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. 2. Section 1601.1 is revised to read as follows: § 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, and the Genetic Information Nondiscrimination Act of 2008. Section 107 of the Americans with Disabilities Act and section 207 of the Genetic Information Nondiscrimination 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, and the Genetic Information Nondiscrimination 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. 3. Section 1601.2 is revised to read as follows: VerDate Nov<24>2008 17:51 May 19, 2009 § 1601.2 Terms Defined in Title VII of the Civil Rights Act, the Americans With Disabilities Act, and the Genetic Information Nondiscrimination Act. within 90 days from receipt of such authorization; * * * * * The terms person, employer, employment agency, labor organization, employee, commerce, industry affecting commerce, State and religion as used in this part shall have the meanings set forth in section 701 of title VII of the Civil Rights Act of 1964. The term disability shall have the meaning set forth in section 3 of the Americans with Disabilities Act of 1990. The term genetic information shall have the meaning set forth in section 201 of the Genetic Information Nondiscrimination Act of 2008. 4. Section 1601.3 is amended by revising paragraph (a) to read as follows: §§ 1601.6, 1601.7, 1601.10, 1601.11, 1601.13, 1601.18, 1601.21, 1601.22, 1601.24, 1601.25, 1601.26, 1601.30, 1601.70, and 1601.79 [Amended] § 1601.3 Accordingly, it is proposed to amend 29 CFR parts 1601, 1602, 1603, 1607, 1610, 1611, 1614, 1625, and 1690 as follows: Jkt 217001 23675 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 Commission shall mean the Equal Employment Opportunity Commission or any of its designated representatives; Washington Field Office shall mean the Commission’s primary nonHeadquarters office serving the District of Columbia and surrounding Maryland 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. * * * * * 5. Section 1601.28 is amended as follows: a. In paragraphs (a)(3) and (b)(1), remove the words ‘‘title VII or the ADA’’ and add in their place the words ‘‘title VII, the ADA, or GINA’’ wherever they appear; b. Revise paragraph (e)(1) to read as follows: § 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, or GINA pursuant to section 706(f)(1) of title VII, section 107 of the ADA, or section 207 of GINA PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 6. Remove the words ‘‘title VII or the ADA’’ and add in their place the words ‘‘title VII, the ADA, or GINA’’ wherever they appear in the following places: a. § 1601.6(a); b. § 1601.7(a); c. § 1601.10; d. § 1601.11(b); e. § 1601.13(a)(3)(i), (a)(4)(i); f. § 1601.18(a); g. § 1601.21(a), (e)(2)(iii); h. § 1601.22, third sentence; i. § 1601.24(c); j. § 1601.25; k. § 1601.26(a); l. § 1601.30(a); m. § 1601.70(d); n. § 1601.79. §§ 1601.16, 1601.17, 1601.30, and 1601.34 [Amended] 7. Remove the words ‘‘title VII and the ADA’’ and add in their place the words ‘‘title VII, the ADA, and GINA’’ wherever they appear in the following places: a. § 1601.16(a); b. § 1601.17(a); c. § 1601.30(a); d. § 1601.34. 8. In the first sentence of § 1601.22 remove the words ‘‘the ADA or title VII’’ and add in their place the words ‘‘title VII, the ADA, or GINA’’ wherever they appear. PART 1602—RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII, THE ADA, AND GINA 9. 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. 10. The heading for part 1602 is revised to read as set forth above. 11. Section 1602.1 is revised to read as follows: § 1602.1 Purpose and scope. Section 709 of title VII (42 U.S.C. 2000e), section 107 of the Americans with Disabilities Act (ADA) (42 U.S.C. 12117), and section 207(a) of the Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. 2000ff–6) 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 E:\FR\FM\20MYP1.SGM 20MYP1 23676 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules preserve certain records and shall furnish specified information to aid in the administration and enforcement of the Acts. §§ 1602.11, 1602.12, 1602.19, 1602.26, 1602.37, 1602.45, and 1602.54 [Amended] 12. Remove the words ‘‘title VII or the ADA’’ and add in their place the words ‘‘title VII, the ADA, or GINA’’; and remove the words ‘‘section 709(c) of title VII or section 107 of the ADA’’ and add in their place the words ‘‘section 709(c) of title VII, section 107 of the ADA, or section 207(a) of GINA’’ wherever they appear in the following places: a. § 1602.11; b. § 1602.12; c. § 1602.19; d. § 1602.26; e. § 1602.37; f. § 1602.45; g. § 1602.54. PART 1603—PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 321 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991 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). 14. Section 1603.102(a) is revised to read as follows: § 1603.102 Filing a complaint. (a) Who may make a complaint. Individuals referred to in § 1603.101 who believe they have been discriminated against on the basis of race, color, religion, sex, national origin, age, disability, or genetic information, 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 1607—UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES (1978) Jkt 217001 17. 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 Public Law 93–502, Public Law 99–570, and Public Law 105–231; for § 1610.15, non-search or copy portions are issued under 31 U.S.C. 9701. 18. Section 1610.7(a)(4) is revised to read as follows: § 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.); or the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.). * * * * * 19. Section 1610.17(f) is revised to read as follows: § 1610.17 Exemptions. * * * * * (f) Section 107 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117) and Section 207(a) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–6) 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 or the Genetic Information Nondiscrimination Act. * * * * * PART 1611—PRIVACY ACT REGULATIONS Authority: 5 U.S.C. 552a. Authority: Secs. 709 and 713, Civil Rights Act of 1964 (78 Stat. 265) as amended by the Equal Employment Opportunity Act of 1972 (Pub. L. 92–261); 42 U.S.C. 2000e–8, 2000e– 12. 15:00 May 19, 2009 PART 1610—AVAILABILITY OF RECORDS 20. The authority citation for part 1611 continues to read as follows: 15. The authority citation for part 1607 continues to read as follows: VerDate Nov<24>2008 16. In § 1607.2(D), remove the word ‘‘handicap’’ and add in its place the word ‘‘disability.’’ 21. Section 1611.13 is amended by revising the introductory text, the first sentence of paragraph (a), and the first sentence of paragraph (c) to read as follows: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 § 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, and GINA 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 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, and the Genetic Information Nondiscrimination Act have occurred. * * * * * * * * (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, and GINA 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 22. 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 and 2000ff–6(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. 23. Section 1614.101 is revised to read as follows: § 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, or genetic information and to E:\FR\FM\20MYP1.SGM 20MYP1 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 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.), or the Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. 2000ff et seq.) or for participating in any stage of administrative or judicial proceedings under those statutes. 24. Section 1614.102(a)(4) is revised to read as follows: § 1614.102 (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, or genetic information, and solicit their recruitment assistance on a continuing basis; * * * * * 25. Section 1614.103(a) is revised to read as follows: § 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), or GINA (discrimination on the basis of genetic information) 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. * * * * * 26. Section 1614.105(a) is revised to read as follows: § 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, or genetic information must consult a Counselor prior to filing a complaint in VerDate Nov<24>2008 15:00 May 19, 2009 order to try to informally resolve the matter. * * * * * 27. Section 1614.204(a)(1) is revised to read as follows: c. Remove the word ‘‘handicap(s)’’ and add in its place the word ‘‘disability’’ in paragraph (a). 31. Section 1614.702(j) is revised to read as follows: § 1614.204 § 1614.702 Jkt 217001 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, or genetic information. * * * * * 28. Section 1614.302(a) is revised to read as follows: § 1614.302 Agency program. 23677 Mixed case complaints. (a) Definitions—(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, or genetic information 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, or genetic information. * * * * * 29. Section 1614.304(b)(3) is revised to read as follows: § 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 , or genetic information; * * * * * 30. Section 1614.601 is amended as follows: a. Remove the word ‘‘handicap’’ and add in its place the word ‘‘disability’’ wherever it appears in paragraphs (f) and (g); b. Remove the word ‘‘handicaps’’ and add in its place the word ‘‘disabilities’’ wherever it appears in paragraph (f); PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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, or genetic information). 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., and the Genetic Information Nondiscrimination Act, 42 U.S.C. 2000ff et seq., are covered by the Federal EEO process. * * * * * PART 1625—AGE DISCRIMINATION IN EMPLOYMENT ACT 32. The authority citation for part 1625 continues to read as follows: Authority: 81 Stat. 602; 29 U.S.C. 621, 5 U.S.C. 301, Secretary’s Order No. 10–68; Secretary’s Order No. 11–68; sec. 12, 29 U.S.C. 631, Pub. L. 99–592, 100 Stat. 3342; sec. 2, Reorg. Plan No. 1 of 1978, 43 FR 19807. 33. In § 1625.31(a), remove the word ‘‘handicapped’’ and add in its place the phrase ‘‘individuals with disabilities.’’ PART 1690—PROCEDURES ON INTERAGENCY COORDINATION OF EQUAL EMPLOYMENT OPPORTUNITY ISSUANCES 34. The authority citation for part 1690 continues to read as follows: Authority: Sec. 715 of title VII of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e–14); Reorganization Plan No. 1 of 1978, 43 FR 19807; E.O. 12067, 43 FR 28967. 35. In § 1690.102, remove the word ‘‘handicap’’ and add in its place the word ‘‘disability.’’ [FR Doc. E9–11560 Filed 5–19–09; 8:45 am] BILLING CODE 6570–01–P E:\FR\FM\20MYP1.SGM 20MYP1

Agencies

Equal Employment Opportunity Commission

[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Proposed Rules]
[Pages 23674-23677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11560]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Parts 1601, 1602, 1603, 1607, 1610, 1611, 1614, 1625, and 
1690

RIN 3046-AA88


Amendment of Procedural and Administrative Regulations To Include 
the Genetic Information Nondiscrimination Act of 2008 (GINA)

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or 
``Commission'') proposes to amend some of its existing regulations to 
include references to title II of the Genetic Information 
Nondiscrimination Act of 2008 (``GINA''), which prohibits employment 
discrimination based on genetic information.

DATES: Comments must be received on or before July 20, 2009.

ADDRESSES: Send written comments by mail to Stephen Llewellyn, 
Executive Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street, NE., Suite 6NE03F, Washington, DC 20507. 
Written comments of six or fewer pages may be faxed to the Executive 
Secretariat at (202) 663-4114. (There is no toll free FAX number.) 
Receipt of facsimile transmittals will not be acknowledged, except that 
the sender may request confirmation of receipt by calling the Executive 
Secretariat staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY). 
(These are not toll free numbers.) Instead of sending written comments 
to EEOC, comments may be submitted to EEOC electronically on the 
Federal eRulemaking Portal: https://www.regulations.gov. After accessing 
this Web site, follow its instructions for submitting comments.
    All comments received will be posted without change to https://www.regulations.gov, including any personal information you provide. 
Copies of the received comments also will be available for inspection 
in the EEOC Library by advance appointment only, from 9 a.m. to 5 p.m., 
Monday through Friday except legal holidays, from July 20, 2009 until 
the Commission publishes the rule in final form. Persons who schedule 
an appointment in the EEOC Library and need assistance to view the 
comments will be provided with appropriate aids upon request, such as 
readers or print magnifiers. To schedule an appointment to inspect the 
comments at the EEOC Library, contact the EEOC Library by calling (202) 
663-4630 (voice) or (202) 663-4641 (TTY). (These are not toll free 
numbers.)

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal 
Counsel, (202) 663-4668, or Erin N. Norris, Senior Attorney, (202) 663-
4876, Office of Legal Counsel, 131 M Street, NE., Washington, DC 20507. 
Copies of this rule are available in the following alternate formats: 
large print, braille, electronic computer disk, and audio-tape. 
Requests for this notice in an alternative format should be made to the 
Publications Center at 1-800-699-3362 (voice), 1-800-800-3302 (TTY), or 
703-821-2098 (FAX--this is not a toll free number).

SUPPLEMENTARY INFORMATION: On May 21, 2008, President George W. Bush 
signed the Genetic Information Nondiscrimination Act of 2008 (``GINA'') 
into law. Title II of GINA protects job applicants, current and former 
employees, labor union members, and apprentices and trainees from 
discrimination based on their genetic information. Title II of GINA's 
coverage corresponds with that of Title VII of the Civil Rights Act of 
1964, as amended, covering employers with 15 or more employees, 
employment agencies, labor unions, and joint labor-management training 
programs, as well as federal sector employers. Title II will become 
effective on November 21, 2009. In a separate notice of proposed 
rulemaking, found at 74 FR 9056, EEOC issued proposed interpretive 
regulations under GINA. In the current rulemaking, EEOC is proposing to 
amend its procedural and administrative regulations to add references 
to GINA. In addition, EEOC is taking the opportunity to replace the 
outdated terms ``handicap'' and ``handicaps'' with the terms 
``disability'' and ``disabilities'' throughout its regulations in 
Chapter XIV of Title 29 of the Code of Federal Regulations.

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 rule is not 
a ``significant regulatory action'' under section 3(f) of the Order 
12866, and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of the 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. chapter 35).

Regulatory Flexibility Act

    The Commission certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities because it only adds references and does not impose a burden 
on any business entities. For this reason, a regulatory flexibility 
analysis is not 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, and 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.

[[Page 23675]]

Congressional Review Act

    This action does not substantially affect the rights or obligations 
of non-agency parties and, accordingly, is not a ``rule'' as that term 
is used by the Congressional Review Act (Subtitle E of the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). 
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 29 CFR Parts 1601, 1602, 1603, 1607, 1610, 
1611, 1614, 1625, and 1690

    Administrative practice and procedure, Equal employment 
opportunity.

    For the Commission.

    Dated: May 12, 2009.
Stuart J. Ishimaru,
Acting Chairman.

    Accordingly, it is proposed to amend 29 CFR parts 1601, 1602, 1603, 
1607, 1610, 1611, 1614, 1625, and 1690 as follows:

PART 1601--PROCEDURAL REGULATIONS

    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.

    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, and the Genetic Information Nondiscrimination Act of 2008. 
Section 107 of the Americans with Disabilities Act and section 207 of 
the Genetic Information Nondiscrimination 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, and the 
Genetic Information Nondiscrimination 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.
    3. Section 1601.2 is revised to read as follows:


Sec.  1601.2  Terms Defined in Title VII of the Civil Rights Act, the 
Americans With Disabilities Act, and the Genetic Information 
Nondiscrimination Act.

    The terms person, employer, employment agency, labor organization, 
employee, commerce, industry affecting commerce, State and religion as 
used in this part shall have the meanings set forth in section 701 of 
title VII of the Civil Rights Act of 1964. The term disability shall 
have the meaning set forth in section 3 of the Americans with 
Disabilities Act of 1990. The term genetic information shall have the 
meaning set forth in section 201 of the Genetic Information 
Nondiscrimination Act of 2008.
    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 Commission 
shall mean the Equal Employment Opportunity Commission or any of its 
designated representatives; Washington Field Office shall mean the 
Commission's primary non-Headquarters office serving the District of 
Columbia and surrounding Maryland 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.
* * * * *
    5. Section 1601.28 is amended as follows:
    a. In paragraphs (a)(3) and (b)(1), remove the words ``title VII or 
the ADA'' and add in their place the words ``title VII, the ADA, or 
GINA'' wherever they appear;
    b. Revise paragraph (e)(1) to read as follows:


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, or GINA pursuant to section 706(f)(1) of 
title VII, section 107 of the ADA, or section 207 of GINA within 90 
days from receipt of such authorization;
* * * * *


Sec. Sec.  1601.6, 1601.7, 1601.10, 1601.11, 1601.13, 1601.18, 1601.21, 
1601.22, 1601.24, 1601.25, 1601.26, 1601.30, 1601.70, and 
1601.79  [Amended]

    6. Remove the words ``title VII or the ADA'' and add in their place 
the words ``title VII, the ADA, or GINA'' wherever they appear in the 
following places:
    a. Sec.  1601.6(a);
    b. Sec.  1601.7(a);
    c. Sec.  1601.10;
    d. Sec.  1601.11(b);
    e. Sec.  1601.13(a)(3)(i), (a)(4)(i);
    f. Sec.  1601.18(a);
    g. Sec.  1601.21(a), (e)(2)(iii);
    h. Sec.  1601.22, third sentence;
    i. Sec.  1601.24(c);
    j. Sec.  1601.25;
    k. Sec.  1601.26(a);
    l. Sec.  1601.30(a);
    m. Sec.  1601.70(d);
    n. Sec.  1601.79.


Sec. Sec.  1601.16, 1601.17, 1601.30, and 1601.34  [Amended]

    7. Remove the words ``title VII and the ADA'' and add in their 
place the words ``title VII, the ADA, and GINA'' wherever they appear 
in the following places:
    a. Sec.  1601.16(a);
    b. Sec.  1601.17(a);
    c. Sec.  1601.30(a);
    d. Sec.  1601.34.
    8. In the first sentence of Sec.  1601.22 remove the words ``the 
ADA or title VII'' and add in their place the words ``title VII, the 
ADA, or GINA'' wherever they appear.

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

    9. 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.

    10. The heading for part 1602 is revised to read as set forth 
above.
    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), section 107 of the 
Americans with Disabilities Act (ADA) (42 U.S.C. 12117), and section 
207(a) of the Genetic Information Nondiscrimination Act (GINA) (42 
U.S.C. 2000ff-6) 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

[[Page 23676]]

preserve certain records and shall furnish specified information to aid 
in the administration and enforcement of the Acts.


Sec. Sec.  1602.11, 1602.12, 1602.19, 1602.26, 1602.37, 1602.45, and 
1602.54  [Amended]

    12. Remove the words ``title VII or the ADA'' and add in their 
place the words ``title VII, the ADA, or GINA''; and remove the words 
``section 709(c) of title VII or section 107 of the ADA'' and add in 
their place the words ``section 709(c) of title VII, section 107 of the 
ADA, or section 207(a) of GINA'' wherever they appear in the following 
places:
    a. Sec.  1602.11;
    b. Sec.  1602.12;
    c. Sec.  1602.19;
    d. Sec.  1602.26;
    e. Sec.  1602.37;
    f. Sec.  1602.45;
    g. Sec.  1602.54.

PART 1603--PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL 
GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER 
SECTION 321 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991

    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).

    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, or 
genetic information, 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 1607--UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES 
(1978)

    15. The authority citation for part 1607 continues to read as 
follows:

    Authority: Secs. 709 and 713, Civil Rights Act of 1964 (78 Stat. 
265) as amended by the Equal Employment Opportunity Act of 1972 
(Pub. L. 92-261); 42 U.S.C. 2000e-8, 2000e-12.

    16. In Sec.  1607.2(D), remove the word ``handicap'' and add in its 
place the word ``disability.''

PART 1610--AVAILABILITY OF RECORDS

    17. 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 
Public Law 93-502, Public Law 99-570, and Public Law 105-231; for 
Sec.  1610.15, non-search or copy portions are issued under 31 
U.S.C. 9701.

    18. 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.); or the Genetic 
Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.).
* * * * *
    19. Section 1610.17(f) is revised to read as follows:


Sec.  1610.17  Exemptions.

* * * * *
    (f) Section 107 of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12117) and Section 207(a) of the Genetic Information 
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-6) 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 or 
the Genetic Information Nondiscrimination Act.
* * * * *

PART 1611--PRIVACY ACT REGULATIONS

    20. The authority citation for part 1611 continues to read as 
follows:

    Authority: 5 U.S.C. 552a.

    21. Section 1611.13 is amended by revising the introductory text, 
the first sentence of 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, and GINA 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 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, and the Genetic Information Nondiscrimination 
Act have occurred. * * *
* * * * *
    (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, and GINA 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

    22. 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 and 2000ff-6(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.

    23. 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, or genetic information and to

[[Page 23677]]

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.), or the Genetic 
Information Nondiscrimination Act (GINA) (42 U.S.C. 2000ff et seq.) or 
for participating in any stage of administrative or judicial 
proceedings under those statutes.
    24. 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, or genetic information, and solicit their recruitment 
assistance on a continuing basis;
* * * * *
    25. 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), or GINA (discrimination on the basis of genetic 
information) 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.
* * * * *
    26. Section 1614.105(a) is revised 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, or genetic information must consult a Counselor prior 
to filing a complaint in order to try to informally resolve the matter.
* * * * *
    27. 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, or genetic 
information.
* * * * *
    28. Section 1614.302(a) is revised to read as follows:


Sec.  1614.302  Mixed case complaints.

    (a) Definitions--(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, 
or genetic information 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, or genetic 
information.
* * * * *
    29. 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 , or genetic information;
* * * * *
    30. Section 1614.601 is amended as follows:
    a. Remove the word ``handicap'' and add in its place the word 
``disability'' wherever it appears in paragraphs (f) and (g);
    b. Remove the word ``handicaps'' and add in its place the word 
``disabilities'' wherever it appears in paragraph (f);
    c. Remove the word ``handicap(s)'' and add in its place the word 
``disability'' in paragraph (a).
    31. Section 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, or genetic 
information). 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., and the Genetic Information 
Nondiscrimination Act, 42 U.S.C. 2000ff et seq., are covered by the 
Federal EEO process.
* * * * *

PART 1625--AGE DISCRIMINATION IN EMPLOYMENT ACT

    32. The authority citation for part 1625 continues to read as 
follows:

    Authority: 81 Stat. 602; 29 U.S.C. 621, 5 U.S.C. 301, 
Secretary's Order No. 10-68; Secretary's Order No. 11-68; sec. 12, 
29 U.S.C. 631, Pub. L. 99-592, 100 Stat. 3342; sec. 2, Reorg. Plan 
No. 1 of 1978, 43 FR 19807.

    33. In Sec.  1625.31(a), remove the word ``handicapped'' and add in 
its place the phrase ``individuals with disabilities.''

PART 1690--PROCEDURES ON INTERAGENCY COORDINATION OF EQUAL 
EMPLOYMENT OPPORTUNITY ISSUANCES

    34. The authority citation for part 1690 continues to read as 
follows:

    Authority: Sec. 715 of title VII of the Civil Rights Act of 
1964, as amended, (42 U.S.C. 2000e-14); Reorganization Plan No. 1 of 
1978, 43 FR 19807; E.O. 12067, 43 FR 28967.

    35. In Sec.  1690.102, remove the word ``handicap'' and add in its 
place the word ``disability.''

[FR Doc. E9-11560 Filed 5-19-09; 8:45 am]
BILLING CODE 6570-01-P

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