Procedural Regulations Under Title VII, ADA, and GINA; Procedures-Age Discrimination in Employment Act, 5624-5629 [2019-02664]
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Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Proposed Rules
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated,
would not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting
Points, dated August 13, 2018, and
effective September 15, 2018, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ACE IA E5 Denison, IA [Amended]
Denison Municipal Airport, IA
(Lat. 41°59′12″ N, long. 95°22′50″ W)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of Denison Municipal Airport and
within 2.0 miles, each side of the 124°
bearing from the Denison Municipal Airport
extending from the 6.5-mile radius to 10.9
miles southeast of the airport.
Issued in Fort Worth, Texas, on February
15, 2019.
Wayne Eckenrode,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2019–03093 Filed 2–21–19; 8:45 am]
BILLING CODE 4910–13–P
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29 CFR Parts 1601 and 1626
RIN 3046–AB07
Procedural Regulations Under Title VII,
ADA, and GINA; Procedures—Age
Discrimination in Employment Act
Equal Employment
Opportunity Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Equal Employment
Opportunity Commission (EEOC or
Commission) is proposing to amend its
procedural regulations to explicitly
provide for digital transmissions of
documents, to clarify the process for
deferral to state and local agencies, to
update no cause determination
procedures, and to correct typographical
errors.
DATES: Comments on the notice of
proposed rulemaking must be received
on or before April 23, 2019.
ADDRESSES: You may submit comments
by any of the following methods—
please use only one method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
• Mail: Comments may be submitted
by mail to Bernadette B. Wilson,
Executive Officer, Executive Secretariat,
Equal Employment Opportunity
Commission, 131 M Street NE,
Washington, DC 20507.
• Fax: Comments totaling six or fewer
pages can be sent by facsimile (‘‘fax’’)
machine to (202) 663–4114. (This is not
a toll-free number.) 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) 663–
4070 (voice) or 800–669–6820 (TTY).
(These are not toll-free telephone
numbers.)
Instructions: All comments received
must include the agency name or
Regulatory Information Number (RIN)
for this rulemaking. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
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.
SUMMARY:
List of Subjects in 14 CFR Part 71
§ 71.1
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
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All comments received, including any
personal information provided, also will
be available for public inspection during
normal business hours by appointment
only at the EEOC Headquarters’ Library,
131 M Street NE, Washington, DC
20507. Upon request, individuals who
require assistance viewing comments
are provided appropriate aids such as
readers or print magnifiers. To schedule
an appointment to inspect the
comments at the EEOC’s library, contact
the library staff at (202) 663–4630
(voice) or 800–669–6820 (TTY). (These
are not toll-free numbers.)
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Assistant Legal
Counsel, (202) 663–4681 (voice) or
kathleen.oram@eeoc.gov; Erin Norris,
Senior Attorney, Office of Legal
Counsel, (704) 954–6491 or erin.norris@
eeoc.gov.
SUPPLEMENTARY INFORMATION:
Digital Submissions of Charge
Documents
The Equal Employment Opportunity
Commission is building a fully digital
system for charges of discrimination
filed with the EEOC. The system enables
the EEOC, charging parties who file
charges, and respondents against whom
charges are filed to communicate and to
transmit documents, including notices
of charges, digitally through a secure
online portal. It allows potential
charging parties to submit online
inquiries to the EEOC and to schedule
intake interviews through the online
system. The EEOC now has the capacity
to make its charge processing and
records system fully digital. In
furtherance of that effort, the EEOC
proposes to amend portions of its
regulations in 29 CFR parts 1601 and
1626 to explicitly provide for digital or
online transmission of charge-related
documents. Specifically, the EEOC
proposes to amend the following
sections to explicitly provide for digital
transmission and service of EEOC
documents: Sections 1601.3 Other
definitions, 1601.8 Where to make a
charge, 1601.13(a)(4)(i)(A) and (B)
Filing; deferrals to State and local
agencies, 1601.14(a) Service of charge or
notice of charge, 1601.21, Reasonable
cause determination: Procedure and
authority, 1626.5 Where to submit
complaints and charges, 1626.7(b)
Timeliness of charge, and 1626.15(c)
Commission enforcement.
Deferrals to State and Local Agencies
The EEOC proposes to clarify the
application of the charge-filing time
periods for charges arising in
jurisdictions having a State or local fair
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employment practice (FEP) agency.
Under section 706(e)(1) of Title VII of
the Civil Rights Act of 1964, charging
parties have 300 days after the alleged
unlawful employment practice occurred
to file a charge in jurisdictions having
an FEP agency with authority to grant or
seek relief from such practice. Charging
parties have 180 days in jurisdictions
with no FEP agency. 42 U.S.C. 2000e–
5(e)(1). The EEOC’s regulations address
the circumstances in which an FEP
agency exists but does not have
jurisdiction over the particular basis of
discrimination alleged in the charge (for
example, if the FEP agency does not
have authority to investigate sex
discrimination), and provide that when
such a charge is filed, it is treated as
being filed in a jurisdiction having no
FEP agency and thus is timely filed only
if received within 180 days. Currently,
the regulation uses the phrase, ‘‘without
subject matter jurisdiction over a
charge’’ to describe such a situation.
The proposed revision replaces ‘‘subject
matter jurisdiction over a charge’’ with
‘‘jurisdiction over the statutory basis
alleged in the charge’’ in
§§ 1601.13(a)(2) and (3).
In some instances, respondents have
argued that even though a charge alleges
the same type or basis of discrimination
prohibited by state law, such as
disability discrimination, it is untimely
because the state law would not have
applied to the particular circumstances
or theory of relief, such as a failure to
accommodate theory. The EEOC
believes that this interpretation is
incorrect and unworkable. Charging
parties may assert multiple theories of
relief or related claims, or may not know
what theory ultimately will apply to
their statutory claims, and it would be
inappropriate to require an evaluation of
the merits of the charge in light of state
law before deciding what filing deadline
applies. Conditioning the timeliness of
their filing on the interpretation of
‘‘complicated issues of state law’’ would
be contrary to the Supreme Court’s
decision in EEOC v. Commercial Office
Products Co., 486 U.S. 107, 123–24
(1988). The Supreme Court discouraged
interpreting the filing periods in ways
that would involve the interpretation of
‘‘complicated issues of state law’’
particularly because in discrimination
cases, ‘‘laymen, unassisted by trained
lawyers, initiate the process.’’ The Court
emphasized that rules should be ‘‘both
easily understood by complainants and
easily administered by the EEOC.’’ See
id. at 124. The proposed revision to
§§ 1601.13(a)(2) and (3) thus expresses
more clearly that the charge-filing time
period is determined simply by looking
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to the general bases on which the FEP
agency’s statute prohibits
discrimination. Thus, if the FEP
agency’s statute covers the same general
basis or category of discrimination
alleged by the charging party (for
example, age or disability
discrimination), the charging party has
300 days to file a charge. This
information about the FEP agency’s
general statutory coverage will normally
be readily available to the public, and it
will be easier for charging parties to
determine which filing deadline
applies.
Clarity of the Communication Closing
an Investigation and Delegation
The EEOC proposes changes to
§§ 1601.18(a) and 1601.19(a) to serve
two purposes: (1) To more clearly
communicate to charging parties and
respondents the import of the EEOC’s
decision to close a charge investigation,
and (2) to bring greater efficiencies to
charge closures by permitting further
delegation.
Clarity of Communication
The EEOC proposes to amend
§ 1601.18(a) to add language clearly
communicating that a dismissal
includes notice of the charging party’s
statutory right to file a lawsuit.
The EEOC also proposes to amend
§ 1601.19(a) to add language clarifying
the meaning and import of the EEOC’s
issuance of a ‘‘no cause’’ determination.
Some have misunderstood the ‘‘no
cause determination’’ and the language
in the EEOC’s current ‘‘Dismissal and
Notice of Rights.’’ Hence, the EEOC
proposes to revise 1601.19(a) to more
clearly communicate that the EEOC’s
‘‘no cause’’ closure of a charge does not
mean the claims have no merit. The
purpose of this proposed amendment is
to ensure that charging parties,
respondents, and courts understand that
the extent of an EEOC investigation can
vary widely from charge to charge, and
therefore should not be viewed as a final
evaluation of whether discrimination
occurred or is occurring. The EEOC
recognizes that, even after the EEOC has
decided not to proceed further with its
investigation, private proceedings or
litigation may lead to court findings of
discrimination or settlements favorable
to charging parties.
Similarly, parties can misunderstand
the meaning of the language in the
EEOC’s current ‘‘Dismissal and Notice
of Rights;’’ therefore, the EEOC also
proposes to revise the language on this
form to clarify its purpose. The current
language in the EEOC’s ‘‘Dismissal and
Notice of Rights’’ states:
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‘‘The EEOC issues the following
determination: Based on its
investigation, the EEOC is unable to
conclude that the information obtained
establishes violations of the statutes.
This does not certify that the respondent
is in compliance with the statutes. No
finding is made as to any other issues
that might be construed as having been
raised by this charge.’’
The EEOC proposes to revise the
above language to read as follows:
‘‘The EEOC issues the following
determination: Based on its
investigation, the EEOC has sufficient
information to conclude that further
investigation is not likely to result in a
cause finding. This does not certify that
the respondent is in compliance with
the statutes. The EEOC makes no
finding as to the merits of any issues
that might be construed as having been
raised by this charge.’’
The Commission does not propose to
make the form part of the regulation, but
invites public comment on the aboveproposed revised ‘‘Dismissal and Notice
of Rights’’ language.
Delegation of Authority To Issue
‘‘Dismissal and Notice of Rights’’
The EEOC proposes to amend
§§ 1601.18(b) and 1601.19(a) to allow
District, Field, Area, and Local Office
Directors to delegate to ‘‘their
designees’’ their authority to issue a
‘‘Dismissal and Notice of Rights.’’ This
change will permit EEOC employees
other than office directors to issue
dismissals and determinations, freeing
office directors’ time for other
enforcement efforts.
Agency experience has shown that
this level of delegation is appropriate.
Established procedures and quality
standards will support the increased
efficiencies gained by permitting this
delegation, while ensuring continued
focus on charges that may lead to
determinations of reasonable cause. In
concert with that change, the EEOC
proposes to amend § 1601.19(b) to
permit the director of an office issuing
a ‘‘Dismissal and Notice of Rights’’ to
reconsider that determination, upon
request or on his or her own initiative,
and to issue a notice of intent to
reconsider. In those instances where an
EEOC employee other than the office
director issues a ‘‘Dismissal and Notice
of Rights,’’ only the office director will
have authority to reconsider the
determination.
As noted above, determinations are
contained in a document titled
‘‘Dismissal and Notice of Rights’’
because they combine the no cause
determination with the notice of right to
sue under § 1601.19. Accordingly, the
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EEOC proposes to remove the term
‘‘letter of’’ wherever it precedes the
word ‘‘determination’’ in § 1601.19 No
cause determinations: Procedure and
authority.
Miscellaneous Updates
The EEOC proposes the following
clarifying changes and updates to the
regulations:
1. In § 1601.2 adding ‘‘as amended’’ to
‘‘the Americans with Disabilities Act of
1990’’;
2. In § 1601.3 removing Maryland
from the area served by the Washington
Field Office to reflect field office
restructuring that occurred in 2006;
3. In § 1601.4 replacing ‘‘Vice
Chairman’’ and ‘‘Chairman’’ with the
current titles ‘‘Vice Chair’’ and ‘‘Chair’’
and replacing ‘‘disability’’ with
‘‘incapacity’’;
4. In § 1601.5 correcting typographical
errors by replacing ‘‘field’’ with ‘‘field
office’’ and ‘‘area’’ with ‘‘area office’’;
5. In §§ 1601.7(a) and (b), 1601.12,
and 1626.8, replacing references to
‘‘address and telephone number’’ and
‘‘address’’ with the more general
‘‘contact information’’;
6. In § 1601.16(b) identifying two
kinds of petitions to revoke or modify
subpoenas to clarify that such petitions
should be served on the issuing director
except that, if the subpoena was issued
by a Commissioner, the petition should
be served on the General Counsel;
7. In § 1601.16(d) replacing the
misspelled word ‘‘Council’’ with
‘‘Counsel’’;
8. In § 1601.21(d) replacing the words
‘‘a copy of the determination’’ with ‘‘the
determination or a copy of the
determination’’ to allow for digital
transmission;
9. In § 1601.28(c) removing an
obsolete footnote;
10. In § 1601.28(e)(3) replacing ‘‘A
copy of the charge’’ with ‘‘The charge or
a copy of the charge’’ to allow for digital
transmission;
11. In § 1601.70(a)(1) adding genetic
information to the list of prohibited
bases of discrimination;
12. In § 1601.75(b)(2) updating an
office title and removing an obsolete
reference to Order 916;
13. In § 1601.76 and 1601.78
removing an obsolete reference to Order
916;
14. In § 1626.15(c) replacing ‘‘A copy
of the signed agreement’’ with ‘‘The
signed agreement or a copy of the signed
agreement’’ to allow for digital
transmission;
15. In § 1626.15(e) and 1626.16(b)
replacing ‘‘Field Directors’’ with ‘‘Field
Directors, Area Directors, and Local
Directors’’; and
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16. In § 1626.17(a)(2) adding a
reference to the Genetic Information
Nondiscrimination Act.
Regulatory Procedures
Executive Order 12866
This is not a ‘‘significant regulatory
action’’ within the meaning of section 3
of Executive Order 12866.
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 primarily affects the EEOC.
To the extent that it affects small
entities by allowing for electronic
transmission of documents, it will save
resources of those entities.
Unfunded Mandates Reform Act of 1995
This proposed 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.
Congressional Review Act
This action concerns agency
organization, procedure, or practice that
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
and 1626
Administrative practice and
procedure, Equal employment
opportunity.
Approved by the Commission December 4,
2018.
Dated: February 12, 2019.
For the Commission.
Victoria A. Lipnic,
Acting Chair.
Accordingly, for the reasons set forth
in the preamble, the Equal Employment
Opportunity Commission proposes to
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amend 29 CFR parts 1601 and 1626 as
follows:
PART 1601—PROCEDURAL
REGULATIONS
1. The authority citation for 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.
2. Amend § 1601.2 by revising the
second sentence to read as follows:
■
§ 1601.2 Terms defined in title VII of the
Civil Rights Act, the Americans with
Disabilities Act, and the Genetic Information
Nondiscrimination Act.
* * * The term disability shall have
the meaning set forth in section 3 of the
Americans with Disabilities Act, as
amended. * * *
■ 3. Amend § 1601.3 by:
■ a. Removing the words ‘‘and
surrounding Maryland’’ from paragraph
(a);
■ b. Redesignating paragraph (b) as
paragraph (c); and
■ c. Adding a new paragraph (b).
The addition reads as follows:
§ 1601.3
Other definitions.
*
*
*
*
*
(b) For the purposes of this part, the
terms file, serve, submit, receive,
transmit, present, send, and notify shall
include all forms of digital transmission.
*
*
*
*
*
■ 4. Revise § 1601.4 to read as follows:
§ 1601.4
Vice Chair’s functions.
The member of the Commission
designated by the President to serve as
Vice Chair shall act as Chair in the
absence or incapacity of the Chair or in
the event of a vacancy in that office.
■ 5. Amend § 1601.5 by revising the
section heading and the sixth and eighth
sentences to read as follows:
§ 1601.5 District; field; area; local
authority.
* * * The term ‘‘field director’’ shall
refer to that person designated as the
Commission’s chief officer in each field
office. * * * The term ‘‘area director’’
shall refer to that person designated as
the Commission’s chief officer in each
area office. * * *
■ 6. Amend § 1601.7 by revising the
fourth sentence of paragraph (a) and
paragraph (b) to read as follows:
§ 1601.7 Charges by or on behalf of
persons claiming to be aggrieved.
(a) * * * The person making the
charge, however, must provide the
Commission with the name and contact
information of the person on whose
behalf the charge is made. * * *
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(b) The person claiming to be
aggrieved has the responsibility to
provide the Commission with notice of
any change in contact information so
that the Commission may communicate
with him or her during the
Commission’s consideration of the
charge.
■ 7. Revise § 1601.8 to read as follows:
§ 1601.8
Where to make a charge.
A charge may be made using the
EEOC’s designated digital system, in
person, or by mail to any EEOC office
or to any designated representative of
the Commission. The addresses of the
EEOC’s offices appear at www.eeoc.gov.
■ 8. Amend § 1601.12 by revising
paragraphs (a)(1) and (2) to read as
follows:
§ 1601.12 Contents of charge; amendment
of charge.
(a) * * *
(1) The full name and contact
information of the person making the
charge except as provided in § 1601.7;
(2) The full name and contact
information of the person against whom
the charge is made, if known
(hereinafter referred to as the
respondent);
*
*
*
*
*
■ 9. Amend § 1601.13 by:
■ a. Revising paragraphs (a)(2) and (3),
(a)(4) introductory text, (a)(4)(i)(A) and
(a)(4)(i)(B);
■ b. Removing the word ‘‘filing’’ and
adding in its place the word ‘‘filed’’ in
the second sentence of paragraph
(a)(4)(ii)(B); and
■ c. Removing the word ‘‘certified’’ and
adding in its place the word
‘‘registered’’ in paragraph (b)(2)(iii).
The revisions read as follows:
§ 1601.13 Filing; deferrals to State and
local agencies.
(a) * * *
(2) A jurisdiction having a FEP agency
without jurisdiction over the statutory
basis alleged in the charge (e.g., an
agency that does not have enforcement
authority over sex discrimination) is
equivalent to a jurisdiction having no
FEP agency. Charges over which a FEP
agency has no jurisdiction over the
statutory basis alleged are filed with the
Commission upon receipt and are
timely filed if received by the
Commission within 180 days from the
date of the alleged violation.
(3) Charges arising in jurisdictions
having a FEP agency with jurisdiction
over the statutory basis alleged in the
charge are to be processed in accordance
with the Commission’s deferral policy
set forth below and the procedures in
paragraph (a)(4) of this section.
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(4) The following procedures shall be
followed with respect to charges which
arise in jurisdictions having a FEP
agency with jurisdiction over the
statutory basis alleged in the charge:
(i) * * *
(A) The document shall reflect the
date and time it was received by the
EEOC.
(B) A copy of the original document
shall be transmitted by registered mail,
return receipt requested, to the
appropriate FEP agency, or by any other
means acceptable to the FEP agency.
State or local proceedings are deemed to
have commenced on the date such
document is transmitted.
*
*
*
*
*
■ 10. Amend § 1601.14(a) by revising
the first two sentences to read as
follows:
§ 1601.14
charge.
Service of charge or notice of
(a) Within ten days after the filing of
a charge in the appropriate Commission
office, the Commission shall serve
respondent the charge or a copy of the
charge by digital transmission, by mail,
or in person, except when it is
determined that providing the charge or
a copy of the charge would impede the
law enforcement functions of the
Commission. Where the charge or a
copy of the charge is not provided, the
respondent will be served with a notice
of the charge within ten days after the
filing of the charge. * * *
*
*
*
*
*
■ 11. Amend § 1601.16 by revising
paragraph (b)(1), and in paragraph (d),
removing the word ‘‘Council’’ wherever
it appears and adding in its place the
word ‘‘Counsel.’’
The revision reads as follows:
§ 1601.16 Access to and production of
evidence; testimony of witnesses;
procedure and authority.
*
*
*
*
*
(b)(1) Any person served with a
district director-issued subpoena who
intends not to comply shall petition the
issuing director to seek its revocation or
modification. Any person served with a
Commissioner-issued subpoena who
intends not to comply shall petition the
General Counsel to seek its revocation
or modification. Petitions must be
mailed or transmitted digitally to the
issuing director at the address stated on
the subpoena (or, if the subpoena was
issued by a Commissioner, to the
General Counsel) within five days
(excluding Saturdays, Sundays, and
Federal legal holidays) after service of
the subpoena. Petitions to the General
Counsel pertaining to subpoenas issued
by a Commissioner may be transmitted
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digitally or mailed to 131 M Street NE,
Washington, DC 20507 and a copy of the
petition shall also be served upon the
issuing Commissioner.
*
*
*
*
*
■ 12. Amend § 1601.18 by:
■ a. In paragraph (b), adding a new
sentence after the first sentence; and
■ b. In paragraph (c), in the second
sentence adding ‘‘, or their designees,’’
after ‘‘Local Directors’’.
The addition reads as follows:
§ 1601.18 Dismissal: Procedure and
authority.
*
*
*
*
*
(b) * * * The dismissal shall include
a notice of rights informing the person
claiming to be aggrieved or the person
on whose behalf a charge was filed of
the right to sue in Federal district court
within 90 days of receipt of the
determination.* * *
*
*
*
*
*
■ 13. Revise § 1601.19 to read as
follows:
§ 1601.19 No cause determinations:
Procedure and authority.
(a) Where the Commission completes
its investigation of a charge and finds
that there is not reasonable cause to
believe that an unlawful employment
practice has occurred or is occurring as
to all issues addressed in the
determination, the Commission shall
issue a determination to all parties to
the charge indicating the finding. This
determination does not mean the claims
in the charge have no merit. The
Commission’s determination shall be
the final determination of the
Commission, unless a final
determination of no reasonable cause is
vacated pursuant to § 1601.19(b). The
determination shall inform the person
claiming to be aggrieved or the person
on whose behalf a charge was filed of
the right to sue in Federal district court
within 90 days of receipt of the
determination. The Commission hereby
delegates authority to the Director of the
Office of Field Programs, or upon
delegation to the Director of Field
Management Programs, and District
Directors or upon delegation to Field
Directors, Area Directors, or Local
Directors, or their designees, except in
those cases involving issues currently
designated by the Commission for
priority review, to issue no cause
determinations.
(b) The Commission may on its own
initiative reconsider a final
determination of no reasonable cause
and a director of the issuing office may,
on his or her own initiative, reconsider
a final determination of no reasonable
cause. If the Commission or the director
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of the issuing office decides to
reconsider a final no cause
determination, a notice of intent to
reconsider shall promptly issue to all
parties to the charge. If such notice of
intent to reconsider is issued within 90
days of receipt of the final no cause
determination, and the person claiming
to be aggrieved or the person on whose
behalf a charge was filed has not filed
suit and did not request and receive a
notice of right to sue pursuant to
§ 1601.28(a)(1) or (2), the notice of
intent to reconsider shall vacate the
determination and shall revoke the
charging party’s right to bring suit
within 90 days. If the 90-day suit period
has expired, the charging party has filed
suit, or the charging party had requested
a notice of right to sue pursuant to
§ 1601.28(a)(1) or (2), the notice of
intent to reconsider shall vacate the
determination, but shall not revoke the
charging party’s right to sue within 90
days. After reconsideration, the
Commission or a director of the issuing
office shall issue a new determination.
In those circumstances where the
charging party’s right to bring suit
within 90 days was revoked, the
determination shall include notice that
a new 90-day suit period shall begin
upon the charging party’s receipt of the
determination. Where a member of the
Commission has filed a Commissioner
charge, he or she shall abstain from
making a determination in that case.
§ 1601.21
[Amended]
14. Amend § 1601.21(d) by removing
the words ‘‘a copy of the determination’’
and adding in their place ‘‘the
determination or a copy of the
determination.’’
■ 15. Amend § 1601.28 by removing
footnote 1 from paragraph (c) and
revising paragraph (e)(3) to read as
follows:
■
§ 1601.28 Notice of right to sue: Procedure
and authority.
*
*
*
*
*
(e) * * *
(3) The charge or a copy of the charge;
*
*
*
*
*
■ 16. Amend § 1601.70 by revising
paragraph (a)(1) to read as follows:
§ 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, or genetic information; and
*
*
*
*
*
■ 17. Amend § 1601.75 by:
■ a. Revising paragraph (b)(2); and
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16:08 Feb 21, 2019
Jkt 247001
b. In paragraph (c), by removing the
word ‘‘cetification’’ and adding in its
place the word ‘‘certification.’’
The revision reads as follows:
■
§ 1601.75
agencies
Certification of designated FEP
*
*
*
*
*
(b) * * *
(2) That the State or local designated
FEP agency’s work product has been
evaluated within the past 12 months by
State and Local Programs, Office of
Field Programs, and found to be in
conformance with the Commission’s
Substantial Weight Review Procedures.
§ 1601.76
[Amended]
18. Amend § 1601.76 by removing the
words ‘‘(EEOC Order 916)’’.
■
§ 1601.78
[Amended]
19. Amend § 1601.78, by removing the
words ‘‘(EEOC Order 916)’’ in the
introductory text.
■
PART 1626—PROCEDURES—AGE
DISCRIMINATION IN EMPLOYMENT
ACT
20. 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.
21. Amend § 1626.3 by:
a. Designating the text as paragraph
(a);
■ b. In newly redesignated paragraph
(a), removing the words ‘‘For purpose of
this part’’ and adding in their place the
words ‘‘For the purposes of this part’’;
and
■ c. Adding a new paragraph (b).
The addition reads as follows:
■
■
§ 1626.3
Other definitions.
*
*
*
*
*
(b) For the purposes of this part, the
terms file, serve, submit, receive,
transmit, present, send, and notify shall
include all forms of digital transmission.
■ 22. Revise § 1626.5 to read as follows:
§ 1626.5 Where to submit complaints and
charges.
Complaints and charges may be made
through the EEOC’s designated digital
system, in person, by telephone, or by
mail to any EEOC office or any
designated representative of the
Commission. The current addresses of
the EEOC’s offices appear at
www.eeoc.gov.
■ 23. Amend § 1626.7 by redesignating
paragraphs (b)(1), (2), and (3) as
paragraphs (b)(2), (3), and (4), and
adding a new paragraph (b)(1) to read as
follows:
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
§ 1626.7
Timeliness of charge.
*
*
*
*
*
(b) * * *
(1) Charges filed digitally: Date of
transmission.
*
*
*
*
*
■ 24. Amend § 1626.8 by revising
paragraphs (a)(1) and (2), and adding
new paragraphs (d) and (e) to read as
follows:
§ 1626.8 Contents of charge; amendment
of charge.
(a) * * *
(1) The full name and contact
information of the person making the
charge except as provided in
§ 1626.8(d);
(2) The full name and contact
information of the person against whom
the charge is made, if known
(hereinafter referred to as the
respondent);
*
*
*
*
*
(d) A charge that any person has
engaged in or is engaging in an unlawful
employment practice within the
meaning of the ADEA may be made by
or on behalf of any person claiming to
be aggrieved. A charge on behalf of a
person claiming to be aggrieved may be
made by any person, agency, or
organization. The written charge need
not identify by name the person on
whose behalf it is made. The person
making the charge, however, must
provide the Commission with the name
and contact information of the person
on whose behalf the charge is made.
During the Commission investigation,
Commission personnel shall verify the
authorization of such charge by the
person on whose behalf the charge is
made. Any such person may request
that the Commission shall keep his or
her identity confidential. However, such
request for confidentiality shall not
prevent the Commission from disclosing
the identity to Federal, State or local
agencies that have agreed to keep such
information confidential. If this
condition is violated by a recipient
agency, the Commission may decline to
honor subsequent requests for such
information.
(e) The person claiming to be
aggrieved has the responsibility to
provide the Commission with notice of
a change in contact information so that
he or she can be contacted when
necessary during the Commission’s
consideration of the charge.
■ 25. Amend § 1626.15 by revising the
last sentence of paragraph (c), and in
paragraph (e), removing the words ‘‘the
Field Directors’’ and adding in their
place the words ‘‘Field Directors, Area
Directors, and Local Directors.’’
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The revision reads as follows:
§ 1626.15
Commission enforcement.
*
*
*
*
*
(c) * * * The signed agreement or a
copy of the signed agreement shall be
sent to all the signatories thereto.
*
*
*
*
*
§ 1626.16
[Amended]
26. Amend § 1626.16(b) by removing
the words ‘‘the Field Directors’’ and
adding in their place the words ‘‘Field
Directors, Area Directors, and Local
Directors’’.
■
§ 1626.17
[Amended]
27. Amend § 1626.17(a)(2) by
removing the words ‘‘or the Americans
with Disabilities Act (ADA),’’ and
adding in their place the words ‘‘or the
Americans with Disabilities Act (ADA)
or the Genetic Information
Nondiscrimination Act (GINA)’’ and
removing the words ‘‘or the ADA.’’ and
adding in their place the words ‘‘, the
ADA, or GINA.’’.
■
[FR Doc. 2019–02664 Filed 2–21–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
Summary
38 CFR Part 17
RIN 2900–AQ46
Veterans Community Care Program
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its
medical regulations to implement its
authority for covered veterans to receive
necessary hospital care, medical
services, and extended care services
from non-VA entities or providers in the
community. Section 101 of the John S.
McCain III, Daniel K. Akaka, and
Samuel R. Johnson VA Maintaining
Internal Systems and Strengthening
Integrated Outside Network Act of 2018
directs VA to implement a program to
furnish such care and services to
covered veterans through eligible
entities and providers. This proposed
rule would establish the criteria for
determining when covered veterans may
elect to receive such care and services
through community health care entities
or providers, as well as other parameters
of this program.
DATES: Comments must be received on
or before March 25, 2019.
ADDRESSES: Written comments may be
submitted by email through https://
SUMMARY:
VerDate Sep<11>2014
16:08 Feb 21, 2019
Jkt 247001
www.regulations.gov; by mail or handdelivery to Director, Office of Regulation
Policy and Management (00REG),
Department of Veterans Affairs, 810
Vermont Avenue NW, Room 1063B,
Washington, DC 20420; or by fax to
(202) 273–9026. (This is not a toll-free
number.) Comments should indicate
that they are submitted in response to
‘‘RIN 2900–AQ46, Veterans Community
Care Program.’’ Copies of comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1063B,
between the hours of 8:00 a.m. and 4:30
p.m. Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Joseph Duran, Office of Community
Care (10D), Veterans Health
Administration, Department of Veterans
Affairs, Ptarmigan at Cherry Creek,
Denver, CO 80209; Joseph.Duran2@
va.gov, (303) 370–1637. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION:
Purpose of This Regulatory Action:
We propose to create new regulations to
define and implement the Veterans
Community Care Program authorized by
section 1703 of title 38, United States
Code (U.S.C.), as that statute will be
amended by section 101 of the John S.
McCain III, Daniel K. Akaka, and
Samuel R. Johnson VA Maintaining
Internal Systems and Strengthening
Integrated Outside Networks (MISSION)
Act of 2018, effective upon VA’s
issuance of implementing regulations.
The Veterans Community Care Program
will permit eligible veterans to elect to
receive hospital care, medical services,
and extended care services from eligible
entities and providers. The Veterans
Community Care Program would
replace the Veterans Choice Program
and would be used as the exclusive
authority that determines eligibility
under which VA would authorize
covered veterans (as defined later in this
rulemaking) to receive community care
through eligible entities or providers.
Summary of the Major Provisions of
This Regulatory Action: This proposed
rule—
• Would establish the exclusive
authority under which VA would
authorize covered veterans to receive
care in the community from eligible
entities or providers at VA expense
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
5629
when such veterans meet established
eligibility criteria.
• Would define key terms used
throughout the regulation. Many of
these terms would be substantively
similar to those defined in the Veterans
Choice Program.
• Would define eligibility criteria,
including conditions under which
covered veterans could elect to have VA
authorize non-VA care through eligible
entities or providers, subject to the
availability of appropriations. In
general, covered veterans would have to
be enrolled in the VA health care system
(or be eligible for care and services
without enrolling) and would have to
require care or services from an eligible
entity or provider, as proposed to be
defined in sections 17.4005 and 17.4030
of title 38, Code of Federal Regulations
(CFR), because VA determined at least
one of the following six conditions was
met:
Æ VA does not offer the required care
or services;
Æ VA does not operate a full-service
medical facility in the State in which
the veteran resides;
Æ the veteran was eligible to receive
care under the Veterans Choice Program
and is eligible to receive care under
certain grandfathering provisions;
Æ VA is not able to furnish care or
services to a veteran in a manner that
complies with VA’s designated access
standards;
Æ the veteran and the referring
clinician determine it is in the best
medical interest of the veteran to receive
care or services from an eligible entity
or provider based on consideration of
certain criteria VA proposes to establish;
or
Æ the veteran is seeking care or
services from a VA medical service line
that VA has determined is not providing
care that complies with VA’s standards
for quality.
• Would describe the process VA
would use to identify medical service
lines that are underperforming and that
could be the basis for eligibility to
receive non-VA care.
• Would describe how non-VA care
could be authorized through the
election of a covered veteran who is
eligible to receive non-VA care. Eligible
veterans could also identify a specific
entity or provider to furnish such care.
VA would be able to authorize
emergency care under certain
conditions within 72 hours of such care
being furnished.
• Would describe the effect of the
Veterans Community Care Program on
other benefits and services available to
covered veterans. In general, no
provision in this section would be
E:\FR\FM\22FEP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Proposed Rules]
[Pages 5624-5629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02664]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Parts 1601 and 1626
RIN 3046-AB07
Procedural Regulations Under Title VII, ADA, and GINA;
Procedures--Age Discrimination in Employment Act
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Equal Employment Opportunity Commission (EEOC or
Commission) is proposing to amend its procedural regulations to
explicitly provide for digital transmissions of documents, to clarify
the process for deferral to state and local agencies, to update no
cause determination procedures, and to correct typographical errors.
DATES: Comments on the notice of proposed rulemaking must be received
on or before April 23, 2019.
ADDRESSES: You may submit comments by any of the following methods--
please use only one method:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions on the website for submitting comments.
Mail: Comments may be submitted by mail to Bernadette B.
Wilson, Executive Officer, Executive Secretariat, Equal Employment
Opportunity Commission, 131 M Street NE, Washington, DC 20507.
Fax: Comments totaling six or fewer pages can be sent by
facsimile (``fax'') machine to (202) 663-4114. (This is not a toll-free
number.) 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) 663-4070 (voice) or 800-669-6820
(TTY). (These are not toll-free telephone numbers.)
Instructions: All comments received must include the agency name or
Regulatory Information Number (RIN) for this rulemaking. All comments
received will be posted without change to https://www.regulations.gov,
including any personal information provided. 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.
All comments received, including any personal information provided,
also will be available for public inspection during normal business
hours by appointment only at the EEOC Headquarters' Library, 131 M
Street NE, Washington, DC 20507. Upon request, individuals who require
assistance viewing comments are provided appropriate aids such as
readers or print magnifiers. To schedule an appointment to inspect the
comments at the EEOC's library, contact the library staff at (202) 663-
4630 (voice) or 800-669-6820 (TTY). (These are not toll-free numbers.)
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, (202) 663-4681 (voice) or kathleen.oram@eeoc.gov; Erin Norris,
Senior Attorney, Office of Legal Counsel, (704) 954-6491 or
erin.norris@eeoc.gov.
SUPPLEMENTARY INFORMATION:
Digital Submissions of Charge Documents
The Equal Employment Opportunity Commission is building a fully
digital system for charges of discrimination filed with the EEOC. The
system enables the EEOC, charging parties who file charges, and
respondents against whom charges are filed to communicate and to
transmit documents, including notices of charges, digitally through a
secure online portal. It allows potential charging parties to submit
online inquiries to the EEOC and to schedule intake interviews through
the online system. The EEOC now has the capacity to make its charge
processing and records system fully digital. In furtherance of that
effort, the EEOC proposes to amend portions of its regulations in 29
CFR parts 1601 and 1626 to explicitly provide for digital or online
transmission of charge-related documents. Specifically, the EEOC
proposes to amend the following sections to explicitly provide for
digital transmission and service of EEOC documents: Sections 1601.3
Other definitions, 1601.8 Where to make a charge, 1601.13(a)(4)(i)(A)
and (B) Filing; deferrals to State and local agencies, 1601.14(a)
Service of charge or notice of charge, 1601.21, Reasonable cause
determination: Procedure and authority, 1626.5 Where to submit
complaints and charges, 1626.7(b) Timeliness of charge, and 1626.15(c)
Commission enforcement.
Deferrals to State and Local Agencies
The EEOC proposes to clarify the application of the charge-filing
time periods for charges arising in jurisdictions having a State or
local fair
[[Page 5625]]
employment practice (FEP) agency. Under section 706(e)(1) of Title VII
of the Civil Rights Act of 1964, charging parties have 300 days after
the alleged unlawful employment practice occurred to file a charge in
jurisdictions having an FEP agency with authority to grant or seek
relief from such practice. Charging parties have 180 days in
jurisdictions with no FEP agency. 42 U.S.C. 2000e-5(e)(1). The EEOC's
regulations address the circumstances in which an FEP agency exists but
does not have jurisdiction over the particular basis of discrimination
alleged in the charge (for example, if the FEP agency does not have
authority to investigate sex discrimination), and provide that when
such a charge is filed, it is treated as being filed in a jurisdiction
having no FEP agency and thus is timely filed only if received within
180 days. Currently, the regulation uses the phrase, ``without subject
matter jurisdiction over a charge'' to describe such a situation. The
proposed revision replaces ``subject matter jurisdiction over a
charge'' with ``jurisdiction over the statutory basis alleged in the
charge'' in Sec. Sec. 1601.13(a)(2) and (3).
In some instances, respondents have argued that even though a
charge alleges the same type or basis of discrimination prohibited by
state law, such as disability discrimination, it is untimely because
the state law would not have applied to the particular circumstances or
theory of relief, such as a failure to accommodate theory. The EEOC
believes that this interpretation is incorrect and unworkable. Charging
parties may assert multiple theories of relief or related claims, or
may not know what theory ultimately will apply to their statutory
claims, and it would be inappropriate to require an evaluation of the
merits of the charge in light of state law before deciding what filing
deadline applies. Conditioning the timeliness of their filing on the
interpretation of ``complicated issues of state law'' would be contrary
to the Supreme Court's decision in EEOC v. Commercial Office Products
Co., 486 U.S. 107, 123-24 (1988). The Supreme Court discouraged
interpreting the filing periods in ways that would involve the
interpretation of ``complicated issues of state law'' particularly
because in discrimination cases, ``laymen, unassisted by trained
lawyers, initiate the process.'' The Court emphasized that rules should
be ``both easily understood by complainants and easily administered by
the EEOC.'' See id. at 124. The proposed revision to Sec. Sec.
1601.13(a)(2) and (3) thus expresses more clearly that the charge-
filing time period is determined simply by looking to the general bases
on which the FEP agency's statute prohibits discrimination. Thus, if
the FEP agency's statute covers the same general basis or category of
discrimination alleged by the charging party (for example, age or
disability discrimination), the charging party has 300 days to file a
charge. This information about the FEP agency's general statutory
coverage will normally be readily available to the public, and it will
be easier for charging parties to determine which filing deadline
applies.
Clarity of the Communication Closing an Investigation and Delegation
The EEOC proposes changes to Sec. Sec. 1601.18(a) and 1601.19(a)
to serve two purposes: (1) To more clearly communicate to charging
parties and respondents the import of the EEOC's decision to close a
charge investigation, and (2) to bring greater efficiencies to charge
closures by permitting further delegation.
Clarity of Communication
The EEOC proposes to amend Sec. 1601.18(a) to add language clearly
communicating that a dismissal includes notice of the charging party's
statutory right to file a lawsuit.
The EEOC also proposes to amend Sec. 1601.19(a) to add language
clarifying the meaning and import of the EEOC's issuance of a ``no
cause'' determination. Some have misunderstood the ``no cause
determination'' and the language in the EEOC's current ``Dismissal and
Notice of Rights.'' Hence, the EEOC proposes to revise 1601.19(a) to
more clearly communicate that the EEOC's ``no cause'' closure of a
charge does not mean the claims have no merit. The purpose of this
proposed amendment is to ensure that charging parties, respondents, and
courts understand that the extent of an EEOC investigation can vary
widely from charge to charge, and therefore should not be viewed as a
final evaluation of whether discrimination occurred or is occurring.
The EEOC recognizes that, even after the EEOC has decided not to
proceed further with its investigation, private proceedings or
litigation may lead to court findings of discrimination or settlements
favorable to charging parties.
Similarly, parties can misunderstand the meaning of the language in
the EEOC's current ``Dismissal and Notice of Rights;'' therefore, the
EEOC also proposes to revise the language on this form to clarify its
purpose. The current language in the EEOC's ``Dismissal and Notice of
Rights'' states:
``The EEOC issues the following determination: Based on its
investigation, the EEOC is unable to conclude that the information
obtained establishes violations of the statutes. This does not certify
that the respondent is in compliance with the statutes. No finding is
made as to any other issues that might be construed as having been
raised by this charge.''
The EEOC proposes to revise the above language to read as follows:
``The EEOC issues the following determination: Based on its
investigation, the EEOC has sufficient information to conclude that
further investigation is not likely to result in a cause finding. This
does not certify that the respondent is in compliance with the
statutes. The EEOC makes no finding as to the merits of any issues that
might be construed as having been raised by this charge.''
The Commission does not propose to make the form part of the
regulation, but invites public comment on the above-proposed revised
``Dismissal and Notice of Rights'' language.
Delegation of Authority To Issue ``Dismissal and Notice of Rights''
The EEOC proposes to amend Sec. Sec. 1601.18(b) and 1601.19(a) to
allow District, Field, Area, and Local Office Directors to delegate to
``their designees'' their authority to issue a ``Dismissal and Notice
of Rights.'' This change will permit EEOC employees other than office
directors to issue dismissals and determinations, freeing office
directors' time for other enforcement efforts.
Agency experience has shown that this level of delegation is
appropriate. Established procedures and quality standards will support
the increased efficiencies gained by permitting this delegation, while
ensuring continued focus on charges that may lead to determinations of
reasonable cause. In concert with that change, the EEOC proposes to
amend Sec. 1601.19(b) to permit the director of an office issuing a
``Dismissal and Notice of Rights'' to reconsider that determination,
upon request or on his or her own initiative, and to issue a notice of
intent to reconsider. In those instances where an EEOC employee other
than the office director issues a ``Dismissal and Notice of Rights,''
only the office director will have authority to reconsider the
determination.
As noted above, determinations are contained in a document titled
``Dismissal and Notice of Rights'' because they combine the no cause
determination with the notice of right to sue under Sec. 1601.19.
Accordingly, the
[[Page 5626]]
EEOC proposes to remove the term ``letter of'' wherever it precedes the
word ``determination'' in Sec. 1601.19 No cause determinations:
Procedure and authority.
Miscellaneous Updates
The EEOC proposes the following clarifying changes and updates to
the regulations:
1. In Sec. 1601.2 adding ``as amended'' to ``the Americans with
Disabilities Act of 1990'';
2. In Sec. 1601.3 removing Maryland from the area served by the
Washington Field Office to reflect field office restructuring that
occurred in 2006;
3. In Sec. 1601.4 replacing ``Vice Chairman'' and ``Chairman''
with the current titles ``Vice Chair'' and ``Chair'' and replacing
``disability'' with ``incapacity'';
4. In Sec. 1601.5 correcting typographical errors by replacing
``field'' with ``field office'' and ``area'' with ``area office'';
5. In Sec. Sec. 1601.7(a) and (b), 1601.12, and 1626.8, replacing
references to ``address and telephone number'' and ``address'' with the
more general ``contact information'';
6. In Sec. 1601.16(b) identifying two kinds of petitions to revoke
or modify subpoenas to clarify that such petitions should be served on
the issuing director except that, if the subpoena was issued by a
Commissioner, the petition should be served on the General Counsel;
7. In Sec. 1601.16(d) replacing the misspelled word ``Council''
with ``Counsel'';
8. In Sec. 1601.21(d) replacing the words ``a copy of the
determination'' with ``the determination or a copy of the
determination'' to allow for digital transmission;
9. In Sec. 1601.28(c) removing an obsolete footnote;
10. In Sec. 1601.28(e)(3) replacing ``A copy of the charge'' with
``The charge or a copy of the charge'' to allow for digital
transmission;
11. In Sec. 1601.70(a)(1) adding genetic information to the list
of prohibited bases of discrimination;
12. In Sec. 1601.75(b)(2) updating an office title and removing an
obsolete reference to Order 916;
13. In Sec. 1601.76 and 1601.78 removing an obsolete reference to
Order 916;
14. In Sec. 1626.15(c) replacing ``A copy of the signed
agreement'' with ``The signed agreement or a copy of the signed
agreement'' to allow for digital transmission;
15. In Sec. 1626.15(e) and 1626.16(b) replacing ``Field
Directors'' with ``Field Directors, Area Directors, and Local
Directors''; and
16. In Sec. 1626.17(a)(2) adding a reference to the Genetic
Information Nondiscrimination Act.
Regulatory Procedures
Executive Order 12866
This is not a ``significant regulatory action'' within the meaning
of section 3 of Executive Order 12866.
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 primarily affects the EEOC. To the extent that it
affects small entities by allowing for electronic transmission of
documents, it will save resources of those entities.
Unfunded Mandates Reform Act of 1995
This proposed 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.
Congressional Review Act
This action concerns agency organization, procedure, or practice
that 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 and 1626
Administrative practice and procedure, Equal employment
opportunity.
Approved by the Commission December 4, 2018.
Dated: February 12, 2019.
For the Commission.
Victoria A. Lipnic,
Acting Chair.
Accordingly, for the reasons set forth in the preamble, the Equal
Employment Opportunity Commission proposes to amend 29 CFR parts 1601
and 1626 as follows:
PART 1601--PROCEDURAL REGULATIONS
0
1. The authority citation for 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.
0
2. Amend Sec. 1601.2 by revising the second sentence 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 term disability shall have the meaning set forth in
section 3 of the Americans with Disabilities Act, as amended. * * *
0
3. Amend Sec. 1601.3 by:
0
a. Removing the words ``and surrounding Maryland'' from paragraph (a);
0
b. Redesignating paragraph (b) as paragraph (c); and
0
c. Adding a new paragraph (b).
The addition reads as follows:
Sec. 1601.3 Other definitions.
* * * * *
(b) For the purposes of this part, the terms file, serve, submit,
receive, transmit, present, send, and notify shall include all forms of
digital transmission.
* * * * *
0
4. Revise Sec. 1601.4 to read as follows:
Sec. 1601.4 Vice Chair's functions.
The member of the Commission designated by the President to serve
as Vice Chair shall act as Chair in the absence or incapacity of the
Chair or in the event of a vacancy in that office.
0
5. Amend Sec. 1601.5 by revising the section heading and the sixth and
eighth sentences to read as follows:
Sec. 1601.5 District; field; area; local authority.
* * * The term ``field director'' shall refer to that person
designated as the Commission's chief officer in each field office. * *
* The term ``area director'' shall refer to that person designated as
the Commission's chief officer in each area office. * * *
0
6. Amend Sec. 1601.7 by revising the fourth sentence of paragraph (a)
and paragraph (b) to read as follows:
Sec. 1601.7 Charges by or on behalf of persons claiming to be
aggrieved.
(a) * * * The person making the charge, however, must provide the
Commission with the name and contact information of the person on whose
behalf the charge is made. * * *
[[Page 5627]]
(b) The person claiming to be aggrieved has the responsibility to
provide the Commission with notice of any change in contact information
so that the Commission may communicate with him or her during the
Commission's consideration of the charge.
0
7. Revise Sec. 1601.8 to read as follows:
Sec. 1601.8 Where to make a charge.
A charge may be made using the EEOC's designated digital system, in
person, or by mail to any EEOC office or to any designated
representative of the Commission. The addresses of the EEOC's offices
appear at www.eeoc.gov.
0
8. Amend Sec. 1601.12 by revising paragraphs (a)(1) and (2) to read as
follows:
Sec. 1601.12 Contents of charge; amendment of charge.
(a) * * *
(1) The full name and contact information of the person making the
charge except as provided in Sec. 1601.7;
(2) The full name and contact information of the person against
whom the charge is made, if known (hereinafter referred to as the
respondent);
* * * * *
0
9. Amend Sec. 1601.13 by:
0
a. Revising paragraphs (a)(2) and (3), (a)(4) introductory text,
(a)(4)(i)(A) and (a)(4)(i)(B);
0
b. Removing the word ``filing'' and adding in its place the word
``filed'' in the second sentence of paragraph (a)(4)(ii)(B); and
0
c. Removing the word ``certified'' and adding in its place the word
``registered'' in paragraph (b)(2)(iii).
The revisions read as follows:
Sec. 1601.13 Filing; deferrals to State and local agencies.
(a) * * *
(2) A jurisdiction having a FEP agency without jurisdiction over
the statutory basis alleged in the charge (e.g., an agency that does
not have enforcement authority over sex discrimination) is equivalent
to a jurisdiction having no FEP agency. Charges over which a FEP agency
has no jurisdiction over the statutory basis alleged are filed with the
Commission upon receipt and are timely filed if received by the
Commission within 180 days from the date of the alleged violation.
(3) Charges arising in jurisdictions having a FEP agency with
jurisdiction over the statutory basis alleged in the charge are to be
processed in accordance with the Commission's deferral policy set forth
below and the procedures in paragraph (a)(4) of this section.
(4) The following procedures shall be followed with respect to
charges which arise in jurisdictions having a FEP agency with
jurisdiction over the statutory basis alleged in the charge:
(i) * * *
(A) The document shall reflect the date and time it was received by
the EEOC.
(B) A copy of the original document shall be transmitted by
registered mail, return receipt requested, to the appropriate FEP
agency, or by any other means acceptable to the FEP agency. State or
local proceedings are deemed to have commenced on the date such
document is transmitted.
* * * * *
0
10. Amend Sec. 1601.14(a) by revising the first two sentences to read
as follows:
Sec. 1601.14 Service of charge or notice of charge.
(a) Within ten days after the filing of a charge in the appropriate
Commission office, the Commission shall serve respondent the charge or
a copy of the charge by digital transmission, by mail, or in person,
except when it is determined that providing the charge or a copy of the
charge would impede the law enforcement functions of the Commission.
Where the charge or a copy of the charge is not provided, the
respondent will be served with a notice of the charge within ten days
after the filing of the charge. * * *
* * * * *
0
11. Amend Sec. 1601.16 by revising paragraph (b)(1), and in paragraph
(d), removing the word ``Council'' wherever it appears and adding in
its place the word ``Counsel.''
The revision reads as follows:
Sec. 1601.16 Access to and production of evidence; testimony of
witnesses; procedure and authority.
* * * * *
(b)(1) Any person served with a district director-issued subpoena
who intends not to comply shall petition the issuing director to seek
its revocation or modification. Any person served with a Commissioner-
issued subpoena who intends not to comply shall petition the General
Counsel to seek its revocation or modification. Petitions must be
mailed or transmitted digitally to the issuing director at the address
stated on the subpoena (or, if the subpoena was issued by a
Commissioner, to the General Counsel) within five days (excluding
Saturdays, Sundays, and Federal legal holidays) after service of the
subpoena. Petitions to the General Counsel pertaining to subpoenas
issued by a Commissioner may be transmitted digitally or mailed to 131
M Street NE, Washington, DC 20507 and a copy of the petition shall also
be served upon the issuing Commissioner.
* * * * *
0
12. Amend Sec. 1601.18 by:
0
a. In paragraph (b), adding a new sentence after the first sentence;
and
0
b. In paragraph (c), in the second sentence adding ``, or their
designees,'' after ``Local Directors''.
The addition reads as follows:
Sec. 1601.18 Dismissal: Procedure and authority.
* * * * *
(b) * * * The dismissal shall include a notice of rights informing
the person claiming to be aggrieved or the person on whose behalf a
charge was filed of the right to sue in Federal district court within
90 days of receipt of the determination.* * *
* * * * *
0
13. Revise Sec. 1601.19 to read as follows:
Sec. 1601.19 No cause determinations: Procedure and authority.
(a) Where the Commission completes its investigation of a charge
and finds that there is not reasonable cause to believe that an
unlawful employment practice has occurred or is occurring as to all
issues addressed in the determination, the Commission shall issue a
determination to all parties to the charge indicating the finding. This
determination does not mean the claims in the charge have no merit. The
Commission's determination shall be the final determination of the
Commission, unless a final determination of no reasonable cause is
vacated pursuant to Sec. 1601.19(b). The determination shall inform
the person claiming to be aggrieved or the person on whose behalf a
charge was filed of the right to sue in Federal district court within
90 days of receipt of the determination. The Commission hereby
delegates authority to the Director of the Office of Field Programs, or
upon delegation to the Director of Field Management Programs, and
District Directors or upon delegation to Field Directors, Area
Directors, or Local Directors, or their designees, except in those
cases involving issues currently designated by the Commission for
priority review, to issue no cause determinations.
(b) The Commission may on its own initiative reconsider a final
determination of no reasonable cause and a director of the issuing
office may, on his or her own initiative, reconsider a final
determination of no reasonable cause. If the Commission or the director
[[Page 5628]]
of the issuing office decides to reconsider a final no cause
determination, a notice of intent to reconsider shall promptly issue to
all parties to the charge. If such notice of intent to reconsider is
issued within 90 days of receipt of the final no cause determination,
and the person claiming to be aggrieved or the person on whose behalf a
charge was filed has not filed suit and did not request and receive a
notice of right to sue pursuant to Sec. 1601.28(a)(1) or (2), the
notice of intent to reconsider shall vacate the determination and shall
revoke the charging party's right to bring suit within 90 days. If the
90-day suit period has expired, the charging party has filed suit, or
the charging party had requested a notice of right to sue pursuant to
Sec. 1601.28(a)(1) or (2), the notice of intent to reconsider shall
vacate the determination, but shall not revoke the charging party's
right to sue within 90 days. After reconsideration, the Commission or a
director of the issuing office shall issue a new determination. In
those circumstances where the charging party's right to bring suit
within 90 days was revoked, the determination shall include notice that
a new 90-day suit period shall begin upon the charging party's receipt
of the determination. Where a member of the Commission has filed a
Commissioner charge, he or she shall abstain from making a
determination in that case.
Sec. 1601.21 [Amended]
0
14. Amend Sec. 1601.21(d) by removing the words ``a copy of the
determination'' and adding in their place ``the determination or a copy
of the determination.''
0
15. Amend Sec. 1601.28 by removing footnote 1 from paragraph (c) and
revising paragraph (e)(3) to read as follows:
Sec. 1601.28 Notice of right to sue: Procedure and authority.
* * * * *
(e) * * *
(3) The charge or a copy of the charge;
* * * * *
0
16. Amend Sec. 1601.70 by revising paragraph (a)(1) 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, or genetic
information; and
* * * * *
0
17. Amend Sec. 1601.75 by:
0
a. Revising paragraph (b)(2); and
0
b. In paragraph (c), by removing the word ``cetification'' and adding
in its place the word ``certification.''
The revision reads as follows:
Sec. 1601.75 Certification of designated FEP agencies
* * * * *
(b) * * *
(2) That the State or local designated FEP agency's work product
has been evaluated within the past 12 months by State and Local
Programs, Office of Field Programs, and found to be in conformance with
the Commission's Substantial Weight Review Procedures.
Sec. 1601.76 [Amended]
0
18. Amend Sec. 1601.76 by removing the words ``(EEOC Order 916)''.
Sec. 1601.78 [Amended]
0
19. Amend Sec. 1601.78, by removing the words ``(EEOC Order 916)'' in
the introductory text.
PART 1626--PROCEDURES--AGE DISCRIMINATION IN EMPLOYMENT ACT
0
20. 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
21. Amend Sec. 1626.3 by:
0
a. Designating the text as paragraph (a);
0
b. In newly redesignated paragraph (a), removing the words ``For
purpose of this part'' and adding in their place the words ``For the
purposes of this part''; and
0
c. Adding a new paragraph (b).
The addition reads as follows:
Sec. 1626.3 Other definitions.
* * * * *
(b) For the purposes of this part, the terms file, serve, submit,
receive, transmit, present, send, and notify shall include all forms of
digital transmission.
0
22. Revise Sec. 1626.5 to read as follows:
Sec. 1626.5 Where to submit complaints and charges.
Complaints and charges may be made through the EEOC's designated
digital system, in person, by telephone, or by mail to any EEOC office
or any designated representative of the Commission. The current
addresses of the EEOC's offices appear at www.eeoc.gov.
0
23. Amend Sec. 1626.7 by redesignating paragraphs (b)(1), (2), and (3)
as paragraphs (b)(2), (3), and (4), and adding a new paragraph (b)(1)
to read as follows:
Sec. 1626.7 Timeliness of charge.
* * * * *
(b) * * *
(1) Charges filed digitally: Date of transmission.
* * * * *
0
24. Amend Sec. 1626.8 by revising paragraphs (a)(1) and (2), and
adding new paragraphs (d) and (e) to read as follows:
Sec. 1626.8 Contents of charge; amendment of charge.
(a) * * *
(1) The full name and contact information of the person making the
charge except as provided in Sec. 1626.8(d);
(2) The full name and contact information of the person against
whom the charge is made, if known (hereinafter referred to as the
respondent);
* * * * *
(d) A charge that any person has engaged in or is engaging in an
unlawful employment practice within the meaning of the ADEA may be made
by or on behalf of any person claiming to be aggrieved. A charge on
behalf of a person claiming to be aggrieved may be made by any person,
agency, or organization. The written charge need not identify by name
the person on whose behalf it is made. The person making the charge,
however, must provide the Commission with the name and contact
information of the person on whose behalf the charge is made. During
the Commission investigation, Commission personnel shall verify the
authorization of such charge by the person on whose behalf the charge
is made. Any such person may request that the Commission shall keep his
or her identity confidential. However, such request for confidentiality
shall not prevent the Commission from disclosing the identity to
Federal, State or local agencies that have agreed to keep such
information confidential. If this condition is violated by a recipient
agency, the Commission may decline to honor subsequent requests for
such information.
(e) The person claiming to be aggrieved has the responsibility to
provide the Commission with notice of a change in contact information
so that he or she can be contacted when necessary during the
Commission's consideration of the charge.
0
25. Amend Sec. 1626.15 by revising the last sentence of paragraph (c),
and in paragraph (e), removing the words ``the Field Directors'' and
adding in their place the words ``Field Directors, Area Directors, and
Local Directors.''
[[Page 5629]]
The revision reads as follows:
Sec. 1626.15 Commission enforcement.
* * * * *
(c) * * * The signed agreement or a copy of the signed agreement
shall be sent to all the signatories thereto.
* * * * *
Sec. 1626.16 [Amended]
0
26. Amend Sec. 1626.16(b) by removing the words ``the Field
Directors'' and adding in their place the words ``Field Directors, Area
Directors, and Local Directors''.
Sec. 1626.17 [Amended]
0
27. Amend Sec. 1626.17(a)(2) by removing the words ``or the Americans
with Disabilities Act (ADA),'' and adding in their place the words ``or
the Americans with Disabilities Act (ADA) or the Genetic Information
Nondiscrimination Act (GINA)'' and removing the words ``or the ADA.''
and adding in their place the words ``, the ADA, or GINA.''.
[FR Doc. 2019-02664 Filed 2-21-19; 8:45 am]
BILLING CODE P
