Amendment of Procedural and Administrative Regulations To Include the Pregnant Workers Fairness Act (PWFA), 11167-11172 [2024-02764]

Agencies

• Equal Employment Opportunity Commission

[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Rules and Regulations]
[Pages 11167-11172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02764]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Parts 1601, 1602, 1603, 1610, 1611, 1614, and 1626

RIN 3046-AB31


Amendment of Procedural and Administrative Regulations To Include 
the Pregnant Workers Fairness Act (PWFA)

AGENCY: Equal Employment Opportunity Commission.

ACTION:  Interim final rule; request for comments.

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SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or 
``Commission'') is issuing an interim final rule to amend some of its 
existing procedural regulations to include references to the Pregnant 
Workers Fairness Act (``PWFA''), which requires covered employers to 
provide reasonable accommodations to a qualified applicant's or 
employee's known limitations related to, affected by, or arising out of 
pregnancy, childbirth, or related medical conditions, unless the 
accommodation will cause the employer an undue hardship. As an interim 
final rule, this will become effective on the date of publication but 
also is subject to change based on the public comments the EEOC 
receives during a subsequent 60-day comment period.

DATES:  This interim final rule is effective on February 14, 2024. 
Comments on this rule must be submitted on or before April 15, 2024.

ADDRESSES: You may submit comments, identified by RIN Number 3046-AB31, 
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.
     Fax: Comments totaling six or fewer pages may be sent by 
fax machine to (202) 663-4114. 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) 921-2815 
(voice), (800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
     Mail: Comments may be submitted by mail to Raymond 
Windmiller, Executive Officer, Executive Secretariat, U.S. Equal 
Employment Opportunity Commission, 131 M Street NE, Washington, DC 
20507.
     Hand Delivery/Courier: Raymond Windmiller, Executive 
Officer, Executive Secretariat, U.S. Equal Employment Opportunity 
Commission, 131 M Street NE, Washington, DC 20507.
    Instructions: The Commission invites comments from all interested 
parties. All comment submissions must include the Regulatory 
Information Number (RIN) for this rulemaking. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information you provide. 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.
    Docket: For access to comments received, go to https://www.regulations.gov. Copies of the received comments also will be 
available for review at the Commission's library, 131 M Street NE, 
Suite 4NW08R, Washington, DC 20507, between the hours of 9:30 a.m. and 
5:00 p.m., from April 15, 2024. You must make an appointment with 
library staff to review the comments in the Commission's library.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202-900-8652 (voice); 1-800-669-6820 (TTY)), Office of Legal 
Counsel, 131 M Street NE, Washington, DC 20507. Requests for this 
notice in an

[[Page 11168]]

alternative format should be made to the Office of Communications and 
Legislative Affairs at (202) 921-3191 (voice), (800) 669-6820 (TTY), or 
(844) 234-5122 (ASL).

SUPPLEMENTARY INFORMATION: \1\
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    \1\ On August 11, 2023, the EEOC issued a Notice of Proposed 
Rule Making regarding the substantive provisions of the PWFA. 
Regulations to Implement the Pregnant Workers Fairness Act, 88 FR 
54714 (August 11, 2023).
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    The Pregnant Workers Fairness Act (``PWFA'') became law on December 
29, 2022, and became effective on June 27, 2023. The PWFA requires a 
covered employer to provide reasonable accommodations for a qualified 
employee's or applicant's known limitations related to pregnancy, 
childbirth, or related medical conditions, unless the employer can 
demonstrate that the accommodation would impose an undue hardship on 
the employer's operation of the business. In crafting the PWFA 
enforcement section, Congress recognized the advisability of using the 
existing mechanisms and procedures in place for redress of other forms 
of employment discrimination. Specifically, under 42 U.S.C. 2000gg-2(a) 
of the PWFA, the enforcement mechanisms and procedures set forth in 
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-4, et seq., 
as amended, apply to employees defined in section 701(f) of Title VII, 
42 U.S.C. 2000e(f), (non-federal sector employees) (except as provided 
in 42 U.S.C. 2000gg-2(a)(2) & (3)). Under 42 U.S.C. 2000gg-2(d), the 
enforcement mechanisms and procedures set forth in the Government 
Employee Rights Act of 1991 (GERA), 42 U.S.C. 2000e-16b and 16c, apply 
to employees covered by GERA (except as provided in 42 U.S.C. 2000gg-
2(d)(2) & (3)). Finally, under 42 U.S.C. 2000gg-2(e), the enforcement 
mechanisms and procedures set forth in section 717 of Title VII the 
Civil Rights Act of 1964, 42 U.S.C. 2000e-16, apply to employees 
covered by section 717 (federal-sector employees) (except as provided 
in 42 U.S.C. 2000gg-2(e)(2) & (3)).
    Based on the PWFA's adoption of the enforcement mechanisms and 
procedures of Title VII and GERA, the procedures implementing those 
statutory provisions in the EEOC's regulations also will apply to the 
PWFA. Specifically, the EEOC's procedures for the PWFA will follow the 
rules found at 29 CFR parts 1601 (procedural regulations), 1602 
(recordkeeping and reporting requirements under Title VII, the 
Americans with Disabilities Act (ADA), and the Genetic Information 
Nondiscrimination Act (GINA)), 1603 (procedures for previously exempt 
state and local government employee complaints of employment 
discrimination under section 304 of the Government Employee Rights Act 
of 1991), and 1614 (federal sector equal employment opportunity). Thus, 
employees covered by the PWFA will file charges or complaints and the 
EEOC will investigate or otherwise process them using the same 
procedures as set out in Title VII or GERA. In this interim final rule, 
therefore, the EEOC is amending its procedural and administrative 
regulations to add references in these rules to the PWFA.
    Likewise, this interim final rule amends 29 CFR parts 1610 
(availability of records), 1611 (Privacy Act regulations), and 1626 
(procedures--Age Discrimination in Employment Act) to include 
references to the PWFA in the lists of laws enforced by the EEOC. All 
EEOC records involving the PWFA are covered by the key privacy and 
government records provisions in the Freedom of Information Act (5 
U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). In addition, because 
29 CFR 1626.17(a)(2), part of the EEOC's ADEA regulation, references 
the full universe of EEOC enforced laws, it must be supplemented to add 
the PWFA.
    Finally, in the amendment of the procedural regulations after the 
passage of GINA, reference to GINA was inadvertently omitted from the 
list of statutes enforced by the EEOC in 29 CFR 1614.503. Thus, the 
proposed interim final rule adds GINA to 29 CFR 1614.503 in the list of 
statutes enforced by the EEOC. This change is a ministerial correction 
of a technical oversight.
    The Administrative Procedure Act requires in section 553 that 
rulemaking start with public notice and an invitation for comments on 
the proposed rule, except when statutory exceptions apply. When an 
agency determines that there is ``good cause'' to find that public 
notice and comment is ``impracticable, unnecessary, or contrary to the 
public interest,'' public comments prior to the effectiveness of a 
final rule are not required as long as the agency ``incorporates the 
finding and a brief statement'' of its reasons in the rule itself. 5 
U.S.C. 553(b)(B).
    Under 5 U.S.C. 553(b)(B), there is ``good cause'' to find that 
notice and comment ``are impracticable, unnecessary, or contrary to the 
public interest'' for this rulemaking, such that it is appropriate to 
issue this regulation as an interim final rule. The types of rules that 
satisfy the ``unnecessary'' prong of this standard due to their 
administrative or insignificant nature include nondiscretionary changes 
required by statute and technical changes that do not impact rights or 
responsibilities.
    Public comment is ``unnecessary'' under this standard because by 
its express statutory terms the PWFA requires the EEOC to follow 
existing procedures originally established by Congress in earlier EEOC-
enforced laws and already implemented by the agency in long-standing 
EEOC procedural regulations. This interim final regulation simply adds 
reference to the PWFA in the lists of EEOC-enforced statutes subject to 
these procedures. The statutory terms of the PWFA do not give the EEOC 
any discretion to change these established procedures for the 
enforcement of the PWFA or to make exceptions from the established 
procedures for the PWFA. Therefore, the EEOC has determined that an 
interim final rule is appropriate. The EEOC will accept comments on 
this rule and will consider such comments to the extent that the 
changes can be made within the statutory framework of the PWFA.
    In addition, as a purely ministerial change, this interim final 
rule adds the PWFA to the lists of the statutes the EEOC enforces--and 
therefore now creates records about--in its Public Records regulation 
(29 CFR part 1610) and its Privacy Act regulation (29 CFR part 1611). 
EEOC records concerning enforcement of the PWFA are government records 
and therefore are subject to the Freedom of Information Act and the 
Privacy Act. Accordingly, the EEOC will process public records requests 
for PWFA-related documents pursuant to its Freedom of Information Act 
procedures at 29 CFR part 1610 and will protect information in those 
records pursuant to its Privacy Act procedures at 29 CFR part 1611.
    Finally, the ADEA regulation includes a list of EEOC statutes 
enforced at 29 CFR 1626.17(a)(2). To make this list complete, this 
rulemaking adds a reference to the PWFA in this list. This is a 
ministerial change making it express that the PWFA is a law the EEOC 
now enforces.
    Under 5 U.S.C. 553(b)(B), a rulemaking can be exempt from prior 
notice and comment if an agency finds good cause that the notice and 
comment would be ``contrary to the public interest.'' The absence of 
this rule, or significant delay in its promulgation, could result in 
public confusion concerning the EEOC's procedures for administering the 
PWFA to the detriment of the public, and would therefore be ``contrary 
to the public interest.''

[[Page 11169]]

    Because these changes to the EEOC's existing regulations all are 
either statutorily required in their terms or are purely ministerial in 
the interest of completeness, there is ``good cause'' for this interim 
final rule to become effective immediately upon publication under 5 
U.S.C. 553(b)(B), with provision for post-promulgation public comment 
and the possibility for the Commission to change the Interim Final Rule 
at a later date. For the same reasons, there is good cause to provide 
for an immediate effective date. See 5 U.S.C. 553(d)(3).

Regulatory Procedures

Executive Order 12866 (as Amended by Executive Order 14094)

    The Commission has complied with the principles in section 1(b) of 
Executive Order 12866, as amended by Executive Order 14094, Regulatory 
Planning and Review. This rule is not a ``significant regulatory 
action'' under section 3(f) of the Executive Order and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
the Executive Order.

Paperwork Reduction Act

    This regulation contains no new information collection requirements 
subject to review by the Office of Management and Budget under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 604, requires a final 
regulatory flexibility analysis only for rules ``after being required 
to publish a general notice of proposed rulemaking'' or for 
interpretive internal revenue laws. The EEOC's interim final rule 
amending the EEOC's procedural regulations to include references to the 
PWFA is being promulgated without a notice of proposed rulemaking for 
the reasons described above. Further, it does not concern internal 
revenue matters. Therefore, no regulatory flexibility analysis is 
required.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, in 1995 dollars, updated annually for 
inflation. In 2023, that threshold is approximately $177 million. 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, 2 U.S.C. 1501 et seq.

List of Subjects in 29 CFR Parts 1601, 1602, 1603, 1610, 1611, 
1614, and 1626

    Administrative practice and procedure, Equal employment 
opportunity.

    For the Commission.

    Dated: February 6, 2024.
Charlotte A. Burrows,
Chair, U.S. Equal Employment Opportunity Commission.

    Accordingly, the U.S. Equal Employment Opportunity Commission 
amends 29 CFR parts 1601, 1602, 1603, 1610, 1611, 1614, and 1626 as 
follows:

PART 1601--PROCEDURAL REGULATIONS

0
1. The authority citation for part 1601 is revised to read as follows:

    Authority: 42 U.S.C. 2000e to 2000e-17; 42 U.S.C. 12111 to 
12117; 42 U.S.C. 2000ff to 2000ff-11; 42 U.S.C. 2000gg to 2000gg-6; 
28 U.S.C. 2461 note, as amended; Pub. L. 104-134, Sec. 31001(s)(1), 
110 Stat. 1373.


0
2. Section 1601.1 is revised to read as follows:


Sec.  1601.1  Purpose.

    The regulations set forth in this part contain the procedures 
established by the Equal Employment Opportunity Commission for carrying 
out its responsibilities in the administration and enforcement of title 
VII of the Civil Rights Act of 1964, the Americans with Disabilities 
Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and 
the Pregnant Workers Fairness Act. Section 107 of the Americans with 
Disabilities Act, section 207 of the Genetic Information 
Nondiscrimination Act, and section 104 of the Pregnant Workers Fairness 
Act incorporate the powers, remedies and procedures set forth in 
sections 705, 706, 707, 709 and 710 of the Civil Rights Act of 1964. 
Based on its experience in the enforcement of title VII, the Americans 
with Disabilities Act, the Genetic Information Nondiscrimination Act, 
and the Pregnant Workers Fairness Act, and upon its evaluation of 
suggestions and petitions for amendments submitted by interested 
persons, the Commission may from time to time amend and revise these 
procedures.

0
3. Revise the heading of Sec.  1601.2 to read as follows:


Sec.  1601.2  Terms defined in title VII of the Civil Rights Act, the 
Americans with Disabilities Act, the Genetic Information 
Nondiscrimination Act, and the Pregnant Workers Fairness Act.

0
4. Section 1601.3 is amended by revising paragraph (a) to read as 
follows:


Sec.  1601.3  Other definitions.

    (a) For the purposes of this part, the term title VII shall mean 
title VII of the Civil Rights Act of 1964; the term ADA shall mean the 
Americans with Disabilities Act of 1990; the term GINA shall mean the 
Genetic Information Nondiscrimination Act of 2008; the term PWFA shall 
mean the Pregnant Workers Fairness Act; the terms EEOC or Commission 
shall mean the Equal Employment Opportunity Commission or any of its 
designated representatives; the term Washington Field Office shall mean 
the Commission's primary non-Headquarters office serving the District 
of Columbia and Virginia suburban counties and jurisdictions; the term 
FEP agency shall mean a State or local agency which the Commission has 
determined satisfies the criteria stated in section 706(c) of title 
VII; and the term verified shall mean sworn to or affirmed before a 
notary public, designated representative of the Commission, or other 
person duly authorized by law to administer oaths and take 
acknowledgements, or supported by an unsworn declaration in writing 
under penalty of perjury.


Sec. Sec.  1601.6, 1601.7, 1601.10, 1601.11, 1601.13, 1601.17, 1601.18, 
1601.21, 1601.22, 1601.24, 1601.25, 1601.26, 1601.28, 1601.30, 1601.70, 
and 1601.79  [Amended]

0
5. Remove the words ``title VII, the ADA, or GINA'' and add in their 
place the words ``title VII, the ADA, GINA, or the PWFA'' wherever they 
appear in the following places:
0
a. Sec.  1601.6(a);
0
b. Sec.  1601.7(a);
0
c. Sec.  1601.10;
0
d. Sec.  1601.11(b);
0
e. Sec.  1601.13(a)(3)(i), (a)(4)(i);
0
f. Sec.  1601.17(a);
0
g. Sec.  1601.18(a);
0
h. Sec.  1601.21(a), (e)(2)(iii);
0
i. Sec.  1601.22;
0
j. Sec.  1601.24(c);
0
k. Sec.  1601.25;
0
l. Sec.  1601.26(a);
0
m. Sec.  1601.28(a)(3), (b)(1);
0
n. Sec.  1601.30(a);
0
o. Sec.  1601.70(d);
0
p. Sec.  1601.79.


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

0
6. Remove the words ``title VII, the ADA, and GINA'' and add in their 
place the words ``title VII, the ADA, GINA, and the PWFA'' wherever 
they appear in the following places:
0
a. Sec.  1601.16(a);
0
b. Sec.  1601.30(a);
0
c. Sec.  1601.34.

0
7. Section 1601.28(e)(1) is revised to read as follows:

[[Page 11170]]

Sec.  1601.28  Notice of Right to Sue: Procedure and Authority.

    (e) * * *
    (1) Authorization to the aggrieved person to bring a civil action 
under title VII, the ADA, GINA, or the PWFA pursuant to section 
706(f)(1) of title VII, section 107 of the ADA, section 207 of GINA, or 
section 104 of the PWFA within 90 days from receipt of such 
authorization;

0
8. Section 1601.70(a)(1) is revised 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; genetic information; 
or pregnancy, childbirth, or related medical conditions; and

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

0
9. The heading for part 1602 is revised to read as set forth above.

0
10. The authority citation for part 1602 is revised to read as follows:

    Authority: 42 U.S.C. 2000e-8, 2000e-12; 44 U.S.C. 3501 et seq.; 
42 U.S.C. 12117; 42 U.S.C. 2000ff-6; 42 U.S.C. 2000gg-2.

0
11. Section 1602.1 is revised to read as follows:


Sec.  1602.1  Purpose and scope.

    Section 709 of title VII (42 U.S.C. 2000e-8), section 107 of the 
Americans with Disabilities Act (ADA) (42 U.S.C. 12117), section 207(a) 
of the Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. 
2000ff-6), and section 104 of the Pregnant Workers Fairness Act (PWFA) 
(42 U.S.C 2000gg-2) require the Commission to establish regulations 
pursuant to which employers, labor organizations, joint labor-
management committees, and employment agencies subject to those Acts 
shall make and preserve certain records and shall furnish specified 
information to aid in the administration and enforcement of the Acts.


Sec. Sec.  1602.11, 1602.12, 1602.14, 1602.19, 1602.21(b), 1602.26, 
1602.28, 1602.31, 1602.37, 1602.45, and 1602.54  [Amended]

0
12. Remove the words ``title VII, the ADA, or GINA'' and add in their 
place the words ``title VII, the ADA, GINA, or the PWFA''; and remove 
the words ``section 709(c) of title VII, section 107 of the ADA, or 
section 207(a) of GINA'' and add in their place the words ``section 
709(c) of title VII, section 107 of the ADA, section 207(a) of GINA, or 
section 104 of the PWFA'' wherever they appear in the following places:
0
a. Sec.  1602.11;
0
b. Sec.  1602.12;
0
c. Sec.  1602.14;
0
d. Sec.  1602.19;
0
e. Sec.  1602.21(b);
0
f. Sec.  1602.26;
0
g. Sec.  1602.28(a);
0
h. Sec.  1602.31;
0
i. Sec.  1602.37;
0
j. Sec.  1602.45;
0
k. Sec.  1602.54.

PART 1603--PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL 
GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER 
SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991

0
13. The authority citation for part 1603 is revised to read as follows:

    Authority:  42 U.S.C. 2000e-16c; 42 U.S.C. 2000ff-6(b); 42 U.S.C 
2000gg-2.


0
14. Section 1603.102(a) is revised to read as follows:


Sec.  1603.102  Filing a complaint.

    (a) Who may make a complaint. Individuals referred to in Sec.  
1603.101 who believe they have been discriminated against on the basis 
of race; color; religion; sex; national origin; age; disability; 
genetic information; or pregnancy, childbirth, or related medical 
conditions; or retaliated against for opposing any practice made 
unlawful by federal laws protecting equal employment opportunity or for 
participating in any stage of administrative or judicial proceedings 
under federal laws protecting equal employment opportunity may file a 
complaint not later than 180 days after the occurrence of the alleged 
discrimination.
* * * * *

PART 1610--AVAILABILITY OF RECORDS

0
15. The authority citation for part 1610 continues to read as follows:

    Authority: 42 U.S.C. 2000e-12(a), 5 U.S.C. 552 as amended by 
Pub. L. 93-502, Pub. L. 99-570, and Pub. L. 105-231; for Sec.  
1610.15, non-search or copy portions are issued under 31 U.S.C. 
9701.


0
16. Section 1610.7(a)(4) is revised to read as follows:


Sec.  1610.7  Where to make request; form.

    (a) * * *
    (4) Materials in office investigative files related to charges 
under: Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
seq.); the Equal Pay Act (29 U.S.C. 206(d)); the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 621 et seq.); the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); the Genetic 
Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.); 
or the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.).
* * * * *

0
17. Section 1610.17(i) is revised to read as follows:


Sec.  1610.17  Exemptions.

* * * * *
    (i) Section 107 of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12117); section 207(a) of the Genetic Information 
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-6); and section 104 of 
the Pregnant Workers Fairness Act (42 U.S.C. 2000gg-2) explicitly adopt 
the powers, remedies, and procedures set forth in sections 706 and 709 
of title VII. Accordingly, the prohibitions on disclosure contained in 
sections 706 and 709 of title VII as outlined in paragraphs (b), (c), 
(d), and (e) of this section, apply with equal force to requests for 
information related to charges and executed statistical reporting forms 
filed with the Commission under the Americans with Disabilities Act, 
the Genetic Information Nondiscrimination Act, or the Pregnant Workers 
Fairness Act.
* * * * *

PART 1611--PRIVACY ACT REGULATIONS

0
18. The authority citation for part 1611 continues to read as follows:

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


0
19. Section 1611.13 is amended by revising the introductory text, 
paragraph (a), and the first sentence of paragraph (c) to read as 
follows:


Sec.  1611.13  Specific Exemptions--Charge and complaint files.

    Pursuant to subsection (k)(2) of the Act, 5 U.S.C. 552a(k)(2), 
systems EEOC-1 (Age and Equal Pay Act Discrimination Case Files), EEOC-
3 (Title VII, Americans with Disabilities Act, GINA, and PWFA 
Discrimination Case Files), EEOC-15 (Internal Harassment Inquiries) and 
EEOC/GOVT-1 (Equal Employment Opportunity Complaint Records and Appeal 
Records) are exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), and (f) of the Privacy Act. The Commission has 
determined to exempt these systems from the above-

[[Page 11171]]

named provisions of the Privacy Act for the following reasons:
    (a) The files in these systems contain information obtained by the 
Commission and other Federal agencies in the course of harassment 
inquiries, and investigations of charges and complaints that violations 
of Title VII of the Civil Rights Act, the Age Discrimination in 
Employment Act, the Equal Pay Act, the Americans with Disabilities Act, 
the Rehabilitation Act, the Genetic Information Nondiscrimination Act, 
and the Pregnant Workers Fairness Act have occurred. It would impede 
the law enforcement activities of the Commission and other agencies if 
these provisions of the Act applied to such records.
* * * * *
    (c) Subject individuals of the files in EEOC-1 (Age and Equal Pay 
Act Discrimination Case Files), EEOC-3 (Title VII, Americans with 
Disabilities Act, GINA, and PWFA Discrimination Case Files), and EEOC/
GOVT-1 (Equal Employment Opportunity Complaint Records and Appeal 
Records) have been provided a means of access to their records by the 
Freedom of Information Act. * * *
* * * * *

PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY

0
20. The authority citation for part 1614 is revised to read as follows:

    Authority: 29 U.S.C. 206(d), 633a, 791 and 794a; 42 U.S.C. 
2000e-16, 2000ff-6(e), and 2000gg-2(e); E.O. 10577, 3 CFR, 1954-1958 
Comp., p. 218; E.O. 11222, 3 CFR, 1964-1965 Comp., p. 306; E.O. 
11478, 3 CFR, 1969 Comp., p. 133; E.O. 12106, 3 CFR, 1978 Comp., p. 
263; Reorg. Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321.


0
21. Section 1614.101 is revised to read as follows:


Sec.  1614.101  General policy.

    (a) It is the policy of the Government of the United States to 
provide equal opportunity in employment for all persons, to prohibit 
discrimination in employment because of race; color; religion; sex; 
national origin; age; disability; genetic information; or pregnancy, 
childbirth, or related medical conditions; and to promote the full 
realization of equal employment opportunity through a continuing 
affirmative program in each agency.
    (b) No person shall be subject to retaliation for opposing any 
practice made unlawful by title VII of the Civil Rights Act (title VII) 
(42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act 
(ADEA) (29 U.S.C. 621 et seq.), the Equal Pay Act (29 U.S.C. 206(d)), 
the Rehabilitation Act (29 U.S.C. 791 et seq.), the Genetic Information 
Nondiscrimination Act (GINA) (42 U.S.C. 2000ff et seq.), or the 
Pregnant Workers Fairness Act (PWFA) (42 U.S.C. 2000gg et seq.) or for 
participating in any stage of administrative or judicial proceedings 
under those statutes.

0
22. Section 1614.102(a)(4) is revised to read as follows:


Sec.  1614.102  Agency program.

    (a) * * *
    (4) Communicate the agency's equal employment opportunity policy 
and program and its employment needs to all sources of job candidates 
without regard to race; color; religion; sex; national origin; age; 
disability; genetic information; or pregnancy, childbirth, or related 
medical conditions; and solicit their recruitment assistance on a 
continuing basis;
* * * * *

0
23. Section 1614.103(a) is revised to read as follows:


Sec.  1614.103  Complaints of discrimination covered by this part.

    (a) Individual and class complaints of employment discrimination 
and retaliation prohibited by title VII (discrimination on the basis of 
race, color, religion, sex and national origin), the ADEA 
(discrimination on the basis of age when the aggrieved individual is at 
least 40 years of age), the Rehabilitation Act (discrimination on the 
basis of disability), the Equal Pay Act (sex-based wage 
discrimination), GINA (discrimination on the basis of genetic 
information), or the PWFA (discrimination on the basis of pregnancy, 
childbirth, or related medical conditions) shall be processed in 
accordance with this part. Complaints alleging retaliation prohibited 
by these statutes are considered to be complaints of discrimination for 
purposes of this part.
* * * * *

0
24. Amend Sec.  1614.105 by revising paragraph (a) introductory text to 
read as follows:


Sec.  1614.105  Pre-complaint processing.

    (a) Aggrieved persons who believe they have been discriminated 
against on the basis of race; color; religion; sex; national origin; 
age; disability; genetic information; or pregnancy, childbirth, or 
related medical conditions must consult a Counselor prior to filing a 
complaint in order to try to informally resolve the matter.
* * * * *

0
25. Section 1614.204(a)(1) is revised to read as follows:


Sec.  1614.204  Class complaints.

    (a) * * *
    (1) A class is a group of employees, former employees or applicants 
for employment who, it is alleged, have been or are being adversely 
affected by an agency personnel management policy or practice that 
discriminates against the group on the basis of their race; color; 
religion; sex; national origin; age; disability; genetic information; 
or pregnancy, childbirth, or related medical conditions.
* * * * *

0
26. Amend Sec.  1614.302 by revising paragraphs (a)(1) and (2) to read 
as follows:


Sec.  1614.302  Mixed case complaints.

    (a) * * *
    (1) Mixed case complaint. A mixed case complaint is a complaint of 
employment discrimination filed with a federal agency based on race; 
color; religion; sex; national origin; age; disability; genetic 
information; or pregnancy, childbirth, or related medical conditions 
related to or stemming from an action that can be appealed to the Merit 
Systems Protection Board (MSPB). The complaint may contain only an 
allegation of employment discrimination or it may contain additional 
allegations that the MSPB has jurisdiction to address.
    (2) Mixed case appeals. A mixed case appeal is an appeal filed with 
the MSPB that alleges that an appealable agency action was effected, in 
whole or in part, because of discrimination on the basis of race; 
color; religion; sex; national origin; disability; age; genetic 
information; or pregnancy, childbirth, or related medical conditions.
* * * * *

0
27. Section 1614.304(b)(3) is revised to read as follows:


Sec.  1614.304  Contents of petition.

* * * * *
    (b) * * *
    (3) A statement of the reasons why the decision of the MSPB is 
alleged to be incorrect, in whole or in part, only with regard to 
issues of discrimination based on race; color; religion; sex; national 
origin; age; disability; genetic information; or pregnancy, childbirth, 
or related medical conditions;
* * * * *

0
28. Amend Sec.  1614.407 by revising the introductory text to read as 
follows:

[[Page 11172]]

Sec.  1614.407  Civil action: Title VII, Age Discrimination in 
Employment Act, Rehabilitation Act, Genetic Information 
Nondiscrimination Act, and Pregnant Workers Fairness Act.

    A complainant who has filed an individual complaint, an agent who 
has filed a class complaint or a claimant who has filed a claim for 
individual relief pursuant to a class complaint is authorized under 
title VII, the ADEA, the Rehabilitation Act, Genetic Information 
Nondiscrimination Act, and the Pregnant Workers Fairness Act to file a 
civil action in an appropriate United States District Court:
* * * * *

0
29. Section Sec.  1614.503(g) is revised to read as follows:


Sec.  1614.503  Enforcement of final Commission decisions.

* * * * *
    (g) Notification to complainant of completion of administrative 
efforts. Where the Commission has determined that an agency is not 
complying with a prior decision, or where an agency has failed or 
refused to submit any required report of compliance, the Commission 
shall notify the complainant of the right to file a civil action for 
enforcement of the decision pursuant to Title VII, the ADEA, the Equal 
Pay Act, the Rehabilitation Act, the Genetic Information 
Nondiscrimination Act, or the Pregnant Workers Fairness Act and to seek 
judicial review of the agency's refusal to implement the ordered relief 
pursuant to the Administrative Procedure Act, 5 U.S.C. 701 et seq., and 
the mandamus statute, 28 U.S.C. 1361, or to commence de novo 
proceedings pursuant to the appropriate statutes.

0
30. Section Sec.  1614.702(j) is revised to read as follows:


Sec.  1614.702  Definitions.

* * * * *
    (j) The term basis of alleged discrimination refers to the 
individual's protected status (i.e., race; color; religion; reprisal; 
sex; national origin; Equal Pay Act; age; disability; genetic 
information; or pregnancy, childbirth, or related medical conditions). 
Only those bases protected by Title VII of the Civil Rights Act of 
1964, as amended, 42 U.S.C. 2000e et seq., the Equal Pay Act of 1963, 
29 U.S.C. 206(d), the Age Discrimination in Employment Act of 1967, as 
amended, 29 U.S.C. 621 et seq., the Rehabilitation Act of 1973, as 
amended, 29 U.S.C. 791 et seq., the Genetic Information 
Nondiscrimination Act, 42 U.S.C. 2000ff et seq., and the Pregnant 
Workers Fairness Act, 42 U.S.C. 2000gg et seq., are covered by the 
Federal EEO process.
* * * * *

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

0
31. 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
32. Section 1626.17(a)(2) is revised to read as follows:


Sec.  1626.17  Notice of dismissal or termination.

    (a) * * *
    (2) Where the charge has been filed under the ADEA and title VII, 
the Americans with Disabilities Act (ADA), the Genetic Information 
Nondiscrimination Act (GINA), or the Pregnant Workers Fairness Act 
(PWFA), the Commission will issue a Notice of Dismissal or Termination 
under the ADEA at the same time it issues the Notice of Right to Sue 
under title VII, the ADA, GINA, or the PWFA, in accordance with 29 CFR 
1601.28.
* * * * *
[FR Doc. 2024-02764 Filed 2-13-24; 8:45 am]
BILLING CODE 6570-01-P