Procedural Regulations Under Title VII, ADA, and GINA; Procedures-Age Discrimination in Employment Act, 65214-65220 [2020-21070]

Agencies

• Equal Employment Opportunity Commission

[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65214-65220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21070]


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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: Final rule.

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SUMMARY: The Equal Employment Opportunity Commission (EEOC or 
Commission) is amending 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 and textual 
errors.

DATES: This final rule is effective on November 16, 2020.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202) 663-4681 (voice) or [email protected]; Erin Norris, 
Senior Attorney, Office of Legal Counsel, (980) 296-1286 or 
[email protected].

SUPPLEMENTARY INFORMATION: On February 22, 2019 (84 FR 5624), the Equal 
Employment Opportunity Commission (EEOC) published a notice of proposed 
rulemaking (NPRM) in the Federal Register seeking public comment on 
proposed revisions to the EEOC's procedural regulations for charges of 
employment discrimination. The revisions are intended to serve several 
purposes: First, they recognize

[[Page 65215]]

the increased reliance upon technology by the EEOC and its stakeholders 
by explicitly providing for digital transmission of documents; second, 
they clarify procedures for deferral to state fair employment practices 
agencies in particular circumstances to alleviate confusion regarding 
filing deadlines; and third, they streamline the process for issuing 
dismissals of charges by providing for delegation of the authority to 
issue such dismissals, as well as clarifying the import of the 
dismissal determinations. The revisions also serve to correct errors 
and update terminology. Public comments were due in response to the 
NPRM on or before April 23, 2019.
    The EEOC received 19 comments in response to the NPRM from 
individuals, stakeholder groups, and a union. The comments are 
available for review at the Federal eRulemaking Portal at https://www.regulations.gov. Some comments expressed general support for the 
proposed revisions. Others offered specific feedback on one or more of 
the proposed regulatory changes or suggested further revisions. A few 
were off-topic. Upon review and consideration of the comments, the EEOC 
has made some revisions to what was proposed and/or discussed in the 
NPRM, as discussed below.

Digital Submissions of Charge Documents

    The revisions to the EEOC's procedural regulations are not creating 
a new system of digital transmission of charge-related documents. The 
system is already operational and is representative of the Commission's 
commitment to expanding its use of technology and improving its service 
to the public. This digital charge system was piloted in 2015, 
initially allowing respondents to submit certain documents and 
communicate with the EEOC through the online system. Since that time, 
additional functionality was gradually included in the digital system, 
through which parties are now able to communicate with the agency and 
submit documents. In November 2019, the EEOC was awarded $4.4 million 
by the government's Technology Modernization Fund to further modernize 
the agency's charge and case management system.
    Several commenters expressed support for the revisions explicitly 
providing for digital submission of charge documents, noting benefits 
including ease of access, ease of communication, increased efficiency, 
and reduction of paper. Another commenter noted that the revisions 
merely update the regulations to reflect the EEOC's current practice 
with respect to digital exchange of documents. While the remaining 
commenters also generally supported the use of digital technology, they 
expressed some concerns about implementation of the system and how it 
works in practice. A few of those concerns are addressed below.
    Commenters raised concerns about the confidentiality and/or data 
security of the information transmitted to the EEOC through digital 
means. One commenter questioned the manner in which the EEOC may use 
such information, and another stressed the need for information 
received digitally to be kept confidential and protected from breach. 
The EEOC is committed to preserving the confidentiality of charge-
related information, and is bound by the strict confidentiality 
requirements of Title VII of the Civil Rights Act of 1964 (Title VII), 
which make it unlawful for Commission employees to make public any 
charge-related information prior to the institution of a lawsuit 
involving the information.\1\ Further, the EEOC ensures that its data 
security practices are in compliance with the Federal Information 
Security Modernization Act.\2\ Information received through digital 
means in connection with an investigation of a charge of discrimination 
gets the same stringent confidentiality protections as does paper-based 
information, and the EEOC will continue to ensure that its digital 
charge system meets all federal data security standards.
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    \1\ See 42 U.S.C. 2000e-8(e).
    \2\ See 44 U.S.C. 3541, et seq.
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    The EEOC received a comment requesting information on whether the 
EEOC maintains records of when documents housed in the digital charge 
system are transmitted or accessed by the parties or EEOC staff. 
Documents are not transmitted via email. A charging party will receive 
an email notifying him or her that an important document is available 
in the digital charge system, and the charging party must access the 
system using his or her unique login information to retrieve that 
document. The system maintains a record of when a document is accessed, 
and the EEOC is able to identify whether a charging party has 
downloaded a particular document. If a charging party or respondent 
does not log in and access critical documents, such as notice of the 
charge within a reasonable period of time, the EEOC will mail a hard 
copy of the notice to the parties.
    In response to a concern that not all charging parties have access 
to the technology necessary to avail themselves of the digital charge 
system, or that the access they may have is limited to resources 
available at libraries or other public spaces, the agency notes that 
use of the digital charge system by charging parties is not compulsory. 
While the EEOC encourages parties to take advantage of the benefits of 
a digital charge system, we recognize that some may not be able to use 
a digital system. Potential charging parties may continue to file 
charges through the mail or in person at an EEOC office, even though 
the online system is the preferred and primary method for charge 
filing.
    This final rule makes no changes to the above practice itself, but 
amends portions of the EEOC's regulations in parts 1601 and 1626 to 
account for the practice by explicitly providing for digital 
transmission of charge-related documents.

Clarity of the Communication Closing an Investigation and Delegation

    The EEOC amends 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. The agency received comments on both 
points.

Clarity of Communication

    The EEOC received positive feedback on the proposed clarifications 
to the regulatory language on dismissals. Therefore, this final rule 
amends 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. This final rule also amends Sec.  1601.19(a) to add 
language clarifying the meaning and import of the EEOC's issuance of a 
``no cause'' determination that such a dismissal does not mean the 
claims have no merit.
    To be clear, the regulation at Sec.  1601.19 is titled: No cause 
determinations: Procedure and authority. The regulation at Sec.  
1601.19(a) refers to the Commission issuing a ``letter of 
determination'' after the Commission has found ``that there is not 
reasonable cause to believe that an unlawful employment practice has 
occurred or is occurring . . . .''. Further, the regulation provides 
that the letter of determination ``shall inform the person claiming to 
be aggrieved . . . of the right to sue in Federal district court within 
90 days of receipt of the letter of determination. To effectuate this 
``letter of determination'' the EEOC uses a

[[Page 65216]]

document called the ``Dismissal and Notice of Rights,'' also informally 
known as a Notice of Right to Sue. The complete language of the 
Dismissal and Notice of Rights document is not part of the regulation 
at Sec.  1601.19(a).
    The current Dismissal and Notice of Rights document contains the 
following reason (among others) for dismissal:
    ``The EEOC issues the following determination: Based upon 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.''
    In common parlance, this reason for closure of an investigation is 
referred to as a ``no cause determination.''
    In the NPRM, in addition to the amendment of the regulation at 
Sec.  1601.19(a), the EEOC specifically sought comment on a proposed 
change to the above language of the Notice. The EEOC proposed to revise 
the reason for dismissal in the Notice 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.''
    Several commenters criticized the current and proposed language 
that said ``Based on its investigation'' as ``misleading'' given the 
wide variation in the extent of EEOC investigations prior to closure. 
Others criticized the statement that the EEOC ``has sufficient 
information'' and asserted that many investigations are closed based 
only on review of a charge. One commenter noted that the proposed 
changes would cause charging parties not to seek legal assistance 
because of the EEOC's conclusion that further investigation would be 
futile. Commenters recommended clearer language to communicate that the 
EEOC had decided not to proceed further with its investigation and was 
dismissing the charge without commenting on the merits of the charge or 
on what further investigation could reveal. One commenter favored the 
proposed language, viewing it as clarification that the dismissal does 
not mean that the Commission has made a determination in favor of the 
employer.
    The EEOC appreciates these thoughtful comments and has decided to 
revise its Dismissal and Notice of Rights to address these concerns. 
The revised notice will say:
    ``The EEOC issues the following determination: The EEOC will not 
proceed further with its investigation, and makes no determination 
about whether further investigation would establish violations of the 
statute. This does not mean the claims have no merit. This 
determination does not certify that the respondent is in compliance 
with the statutes. The EEOC makes no finding as to the merits of any 
other issues that might be construed as having been raised by this 
charge.''
    These revisions make the language of the Dismissal and Notice of 
Rights consistent with the amendment to Sec.  1601.19(a). These 
revisions to the rule and the Dismissal and Notice of Rights are 
intended to ensure that charging parties, respondents, and courts 
understand 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 for the charging 
parties.
    Following the publication of this rule, the EEOC's Office of Field 
Programs will implement the changes to the Dismissal and Notice of 
Rights.

Delegation of Authority To Issue ``Dismissal and Notice of Rights''

    The EEOC received several comments expressing concern or seeking 
clarification as to what EEOC employees could serve as designees under 
the new delegation authority for issuance of the ``Dismissal and Notice 
of Rights.'' Commenters suggested that allowing investigators to issue 
Dismissal notices may eliminate independent review of a charge by more 
senior officials. The EEOC is mindful of this concern and will maintain 
internal controls to ensure that EEOC personnel selected as designees 
for this purpose have the requisite experience to perform this 
function. Following publication of this rule, the EEOC's Office of 
Field Programs expects to issue guidance to the field offices on this 
issue.

Miscellaneous Updates

    Two commenters questioned the revisions proposed in section 1626.8, 
asking for an explanation of the rationale behind the changes. The EEOC 
notes that the changes, which describe the required contents for a 
charge to be made on behalf of another person provide that the 
aggrieved individual on whose behalf the charge is made may request 
that his or her identity remain confidential, do not deviate from 
established Commission policy. Section 1626.3 of the EEOC's regulations 
have expressly defined ``charge'' to include a statement filed with the 
EEOC ``on behalf of an aggrieved person'' since that section of the 
regulations were originally adopted in 1983. Section 2-V.B. of the 
Threshold Issues section of the EEOC's Compliance Manual also notes 
that charges under the statutes the EEOC enforces, including the ADEA, 
may be made on behalf of another person, which allows the aggrieved 
individual to remain anonymous while the EEOC is investigating the 
charge.\3\ The revisions to section 1626.8 are meant to reflect this 
longstanding policy and to make the EEOC's procedural regulations in 
parts 1601 and 1626 consistent with each other.
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    \3\ See EEOC Compliance Manual Section II, Threshold Issues Sec. 
2-V.B. and FN 226. Threshold Issues is available at https://www.eeoc.gov/policy/docs/threshold.html#2-V-B.
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    While no changes were made to the proposed revisions based upon the 
public comments received in response to the NPRM, the final rule does 
reflect a few additional corrections, minor wording changes, and 
terminology updates that do not affect the substantive requirements of 
the regulation. These changes are located in the following sections: 
Sec.  1601.3(a) and (b) Other definitions; Sec.  1601.8 Where to make a 
charge; Sec.  1601.16(b)(1) Access to and production of evidence; 
testimony of witnesses; procedure and authority; Sec.  1601.18(b) 
Dismissal: Procedure and authority; Sec.  1601.19(b) No cause 
determinations: Procedure and authority; Sec.  1601.20(a) Negotiated 
settlement; Sec.  1601.21(b) and (d) Reasonable cause determination: 
Procedure and authority; Sec.  1601.24(b) Conciliation: Procedure and 
authority; Sec.  1601.28(d) Notice of right to sue: Procedure and 
authority; Sec.  1601.30(a) Notices to be posted; Sec.  1601.70(b) and 
(e) FEP agency qualifications; Sec.  1601.71(c) FEP agency 
notification; Sec.  1601.75(b)(2) Certification of designated FEP 
agencies; Sec.  1601.92 Contents of request; where to file; Sec.  
1626.5 Where to submit complaints and charges; Sec.  1626.20(a) and (c) 
Procedure for requesting an opinion letter; and Sec.  1626.21 Effect of 
opinions and interpretations of the Commission.

Regulatory Procedures

Executive Orders 12866 and 13771

    This is not a ``significant regulatory action'' within the meaning 
of section 3 of Executive Order 12866. This proposed rule is also not 
subject to Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Cost. Pursuant to guidance issued by the

[[Page 65217]]

Office of Management and Budget's Office of Information and Regulatory 
Affairs (April 5, 2017), an ``E.O. 13771 regulatory action'' is defined 
as ``[a] significant regulatory action as defined in Section 3(f) of 
E.O. 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 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.

    For the Commission.
Janet Dhillon,
Chair.

    Accordingly, for the reasons set forth in the preamble, the Equal 
Employment Opportunity Commission amends 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
0
a. In paragraph (a) by removing the words ``term Commission'' and 
adding in their place ``terms EEOC or Commission'' and by removing the 
words ``and surrounding Maryland'';
0
b. By redesignating paragraph (b) as paragraph (c); and
0
c. By 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, issue, 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 revising 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. * * *
    (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 systems, 
in person, by facsimile, 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:
0
a. By revising paragraphs (a)(2), (a)(3) introductory text, (a)(4) 
introductory text, and (a)(4)(i)(A) and (B);
0
b. In the second sentence of paragraph (a)(4)(ii)(B) by removing the 
word ``filing'' and adding in its place the word ``filed''; and
0
c. In paragraph (b)(2)(iii) by removing the word ``certified'' and 
adding in its place the word ``registered''.
    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 in 
paragraphs (a)(3)(i) through (iii) and the procedures in paragraph 
(a)(4) of this section.
* * * * *

[[Page 65218]]

    (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) 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 by revising the first two sentences of 
paragraph (a) 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 by 
digital transmission, by mail, or in person, except when it is 
determined that providing the charge would impede the law enforcement 
functions of the Commission. Where 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:
0
a. By revising paragraph (b)(1); and
0
b. In paragraph (d) by 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 
transmitted digitally or mailed 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:
0
a. In the first sentence of paragraph (b) by removing ``Sec.  
1601.28(b)(2)'' and adding in its place ``Sec.  1601.28(b)(3)(ii)'';
0
b. By adding a sentence after the first sentence in paragraph (b); and
0
c. In the second sentence of paragraph (c) by 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 
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 has 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.  1601.20  [Amended]

0
14. Amend Sec.  1601.20 by removing the word ``theother'' in paragraph 
(a) and adding in its place the words ``the other''.


Sec.  1601.21  [Amended]

0
15. Amend Sec.  1601.21:
0
a. In paragraph (b) introductory text by removing the word ``Except'' 
and adding in its place the word ``except'';
0
b. In the third sentence of paragraph (b)(1) by removing the words 
``had requested'' and adding in their place the words ``has 
requested'';
0
c. In paragraph (b)(1) by removing the words ``90 day period'' and 
adding in their place the words ``90-day period'';
0
d. In paragraph (d) introductory text by removing the words ``a copy of 
the determination'' and adding in their place the words ``the 
determination''; and
0
e. In paragraph (d)(1) by removing the words ``90 day period'' and 
adding in their place the words ``90-day period'' and by removing the 
words ``had

[[Page 65219]]

received'' and adding in their place the words ``has received''.


Sec.  1601.24  [Amended]

0
16. Amend Sec.  1601.24 by removing the word ``processings'' in 
paragraph (b) and adding in its place the word ``proceedings''.

0
17. Amend section 1601.28:
0
a. By removing footnote 1 from paragraph (c);
0
b. In the paragraph (d) subject heading by removing the words ``right-
of-sue'' and adding in their place the words ``right to sue'' and in 
paragraph (d) introductory text by removing the word ``subivision'' and 
adding in its place the word ``subdivision''; and
0
c. By revising paragraph (e)(3).
    The revision reads as follows:


Sec.  1601.28  Notice of right to sue: Procedure and authority.

* * * * *
    (e) * * *
    (3) The charge;
* * * * *


Sec.  1601.30  [Amended]

0
18. Amend Sec.  1601.30 by removing the word ``cusomarily'' in 
paragraph (a) and adding in its place the word ``customarily.''


0
19. Amend Sec.  1601.70:
0
a. By revising paragraph (a)(1); and
0
b. In paragraphs (b) and (e) by removing the word ``Chairman'' and 
adding in its place the word ``Chair''.


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
* * * * *


Sec.  1601.71  [Amended]

0
20. Amend Sec.  1601.71 by removing the word ``Chairman'' wherever it 
appears in paragraph (c) and adding in its place the word ``Chair''.


0
21. Amend Sec.  1601.75:
0
a. By 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, Local, and 
Tribal Programs, Office of Field Programs, and found to be in 
conformance with the Commission's Substantial Weight Review Procedures; 
and
* * * * *


Sec.  1601.76  [Amended]

0
22. Amend Sec.  1601.76 by removing the words ``(EEOC Order 916)''.


Sec.  1601.78  [Amended]

0
23. Amend Sec.  1601.78 in the introductory text by removing the words 
``(EEOC Order 916)''.


Sec.  1601.92  [Amended]

0
24. Amend Sec.  1601.92 in the introductory text by removing the word 
``Chairman'' and adding in its place the word ``Chair''.

PART 1626--PROCEDURES--AGE DISCRIMINATION IN EMPLOYMENT ACT

0
25. 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
26. Amend Sec.  1626.3:
0
a. By designating the text as paragraph (a);
0
b. In newly designated paragraph (a) by removing the words ``For 
purpose of this part'' and adding in their place the words ``For the 
purposes of this part'' and by removing the words ``the Commission'' 
and adding in their place the words ``EEOC or Commission''; and
0
c. By adding 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, issue, and notify shall include all 
forms of digital transmission.


0
27. 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 systems, in person, by telephone, by facsimile, 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
28. Amend Sec.  1626.7 by redesignating paragraphs (b)(1) through (3) 
as paragraphs (b)(2) through (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
29. Amend Sec.  1626.8 by revising paragraphs (a)(1) and (2) and adding 
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) below;
    (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
30. Amend Sec.  1626.15:
0
a. By revising the last sentence of paragraph (c); and
0
b. In paragraph (e) by removing the words ``the Field Directors'' and 
adding in their place the words ``Field

[[Page 65220]]

Directors, Area Directors, and Local Directors''.
    The revision reads as follows:


Sec.  1626.15  Commission enforcement.

* * * * *
    (c) * * * The signed agreement shall be sent to all the signatories 
thereto.
* * * * *


Sec.  1626.16  [Amended]

0
31. Amend Sec.  1626.16 by removing the words ``the Field Directors'' 
in paragraph (b) and adding in their place the words ``Field Directors, 
Area Directors, and Local Directors''.


Sec.  1626.17  [Amended]

0
32. Amend Sec.  1626.17 by removing the words ``Title VII or the 
Americans with Disabilities Act (ADA),'' in paragraph (a)(2) and adding 
in their place the words ``title VII, the Americans with Disabilities 
Act (ADA), or the Genetic Information Nondiscrimination Act (GINA)'' 
and by removing the words ``Title VII or the ADA'' and adding in their 
place the words ``title VII, the ADA, or GINA''.


Sec.  1626.20  [Amended]

0
33. Amend Sec.  1626.20:
0
a. In paragraph (a) introductory text by removing the word ``Chairman'' 
and adding in its place the word ``Chair''; an
0
b. In paragraph (c) by removing ``Sec.  1626.18'' and adding in its 
place ``Sec.  1626.21'' and by removing ``Sec.  1626.18(a)(1)'' and 
adding in its place ``Sec.  1626.21(a)(1)''.


Sec.  1626.21  [Amended]

0
34. Amend section 1626.21 by removing ``Sec.  1626.17'' in paragraph 
(c) and adding in its place ``Sec.  1626.20''.

[FR Doc. 2020-21070 Filed 10-14-20; 8:45 am]
BILLING CODE 6570-01-P