2024 Adjustment of the Penalty for Violation of Notice Posting Requirements, 12231-12232 [2024-03177]

Download as PDF 12231 Rules and Regulations Federal Register Vol. 89, No. 33 Friday, February 16, 2024 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1601 RIN 3046–AB26 2024 Adjustment of the Penalty for Violation of Notice Posting Requirements Equal Employment Opportunity Commission. ACTION: Final rule. AGENCY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule adjusts for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Genetic Information Non-Discrimination Act, and the Pregnant Workers Fairness Act. DATES: This final rule is effective February 16, 2024. FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal Counsel, (202) 921–2665 or kathleen.oram@eeoc.gov, Office of Legal Counsel, Equal Employment Opportunity Commission, 131 M St. NE, Washington, DC 20507. Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 921– 3191 (voice) or 1–800–669–6820 (TTY), or 1–844–234–5122 (ASL video phone). SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with RULES1 I. Background Under section 711 of the Civil Rights Act of 1964 (Title VII), which is adopted by reference in section 105 of the Americans with Disabilities Act (ADA), section 207(a)(1) of the Genetic Information Non-Discrimination Act (GINA), and section 104(a)(1) of the Pregnant Workers Fairness Act (PWFA), and implemented by the Equal Employment Opportunity Commission VerDate Sep<11>2014 16:07 Feb 15, 2024 Jkt 262001 (EEOC) in 29 CFR 1601.30(a), every employer, employment agency, labor organization, and joint labormanagement committee controlling an apprenticeship or other training program covered by Title VII, ADA, GINA, or PWFA, must post notices describing the pertinent provisions of these laws. Covered entities must post such notices in prominent and accessible places where they customarily maintain notices to employees, applicants, and members. 29 CFR 1601.30(a). Failure to comply with this posting requirement is subject to a monetary penalty. 29 CFR 1601.30(b). Section 5(b) of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act),1 which amended the Federal Civil Penalties Inflation Adjustment Act of 1990, requires the EEOC to annually adjust the amount of the penalty for non-compliance. Under the 2015 Act, the EEOC has no discretion over whether or how to calculate this inflationary adjustment. In accordance with section 6 of the 2015 Act, the EEOC will apply the adjusted penalty only to those assessed after the effective date of the adjustment. II. Calculation The adjustment set forth in this final rule follows guidance under the 2015 Act from the Office of Management and Budget (OMB) 2 and is calculated by comparing the Consumer Price Index for all Urban Consumers (CPI–U) for October 2022 with the CPI–U for October 2023, resulting in an inflation adjustment factor of 1.03241. The inflation adjustment factor (1.03241) was multiplied by the most recent civil penalty amount ($659) to calculate the inflation-adjusted penalty level ($680.35819), which is then rounded to the nearest dollar ($680). Accordingly, the Commission is now adjusting the maximum penalty per violation specified in 29 CFR 1601.30(b) from $659 to $680. 1 Public Law 114–74, Sec. 701(b), 129 Stat. 599. from Shalanda D. Young, Director, Office of Management and Budget, to Heads of Executive Departments and Agencies, M– 24–07, Dec. 19, 2023, M–24–07 at 1 (‘‘[b]ased on the Consumer Price Index (CPI–U) for the month of October 2023, not seasonally adjusted, the cost-ofliving adjustment multiplier for 2024 is 1.03241’’). 2 Memorandum PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 III. Regulatory Procedures Administrative Procedure Act The Administrative Procedure Act (APA) provides an exception to the notice and comment procedures where an agency finds good cause for dispensing with such procedures, on the basis that they are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B). The Commission finds that this rule meets the exception because the 2015 Act requires an inflationary adjustment to the civil monetary penalty, it prescribes the formula for calculating the adjustment to the penalty, and it provides the Commission with no discretion in determining the amount of the published adjustment. Accordingly, the Commission is issuing this revised regulation as a final rule without notice and comment. Executive Order 12866 This rule is not a significant regulatory action as that term is defined in Executive Order 12866. The inflationary adjustment’s cumulative impact on the violations found each year falls well below the $200 million threshold for significant regulatory action under E.O. 12866, as revised by E.O. 14094, and it otherwise fails to meet the definition of a significant regulatory action. Paperwork Reduction Act This final rule contains no new information collection requirements, and therefore, will create no new paperwork burdens or modifications to existing burdens that are subject to review by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601–612) only requires a regulatory flexibility analysis when the APA requires notice and comment procedures, or the agency otherwise issues such a notice. As stated above, notice and comment is neither required nor being used for this rule. Accordingly, the Regulatory Flexibility Act does not apply. Unfunded Mandates Reform Act of 1995 This final rule will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the E:\FR\FM\16FER1.SGM 16FER1 12232 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 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 (2 U.S.C. 1501–1571). Congressional Review Act This regulation is a rule subject to the Congressional Review Act (CRA) (5 U.S.C. 801–808), but is not a ‘‘major’’ rule that cannot take effect until 60 days after it is published in the Federal Register. Therefore, the EEOC will submit this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to the effective date of the rule. List of Subjects in 29 CFR Part 1601 Administrative practice and procedure. For the Commission. Charlotte A. Burrows, Chair, Equal Employment Opportunity Commission. Accordingly, the Equal Employment Opportunity Commission amends 29 CFR part 1601 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; 28 U.S.C. 2461 note, as amended; Pub. L. 104–134, Sec. 31001(s)(1), 110 Stat. 1373. 2. Section 1601.30 is amended by revising paragraph (b) to read as follows: ■ § 1601.30 Notices to be posted. * * * * * (b) Section 711(b) of Title VII and the Federal Civil Penalties Inflation Adjustment Act, as amended, make failure to comply with this section punishable by a fine of not more than $680 for each separate offense. [FR Doc. 2024–03177 Filed 2–15–24; 8:45 am] lotter on DSK11XQN23PROD with RULES1 BILLING CODE 6570–01–P VerDate Sep<11>2014 16:07 Feb 15, 2024 Jkt 262001 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Parts 1601 and 1626 RIN 3046–AB32 Congressional Disapproval of Update of Commission’s Conciliation Procedures Equal Employment Opportunity Commission. ACTION: Final rule; Congressional Review Act revocation. AGENCY: Pursuant to their authority under the Congressional Review Act (CRA), Congress passed, and the President signed, a joint resolution disapproving the Equal Employment Opportunity Commission’s (EEOC or Commission) final rule titled ‘‘Update of Commission’s Conciliation Procedures.’’ Under the joint resolution and by operation of the CRA, this rule has no legal force or effect. The Commission hereby is removing it from the Code of Federal Regulations. DATES: This final rule is effective February 16, 2024. FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal Counsel, Office of Legal Counsel, at kathleen.oram@eeoc.gov or (202) 921– 2665 (voice). Requests for this document in an alternative format should be made to the EEOC’s Office of Communications and Legislative Affairs at (202) 921– 3191 (voice), 1–800–669–6820 (TTY), or 1–844–234–5122 (ASL video phone). SUPPLEMENTARY INFORMATION: On October 9, 2020, the Commission published a notice of proposed rulemaking (NPRM) in the Federal Register, proposing amendments to its procedural rules governing the conciliation process (85 FR 64079). The Commission published the final rule, titled ‘‘Update of Commission’s Conciliation Procedures,’’ in the Federal Register on January 14, 2021 (86 FR 2974) (‘‘Final Rule’’). The Final Rule outlined the information that the Commission must provide when undertaking conciliation efforts for charges alleging violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), the Genetic Information Nondiscrimination Act of 2008 (GINA), and the Age Discrimination in Employment Act of 1967 (ADEA). The Final Rule became effective on February 16, 2021. On May 19, 2021, the United States Senate passed a joint resolution (S.J. Res. 13) disapproving the Final Rule under the Congressional Review Act SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 (CRA) (5 U.S.C. 801 et seq.). The United States House of Representatives passed S.J. Res. 13 on June 24, 2021. The President signed the joint resolution into law as Public Law 117–22 on June 30, 2021. Under Public Law 117–22 and by operation of the CRA, the Final Rule has no force or effect. Accordingly, the Commission is hereby removing the Final Rule from the Code of Federal Regulations (CFR). This action is not an exercise of the Commission’s rulemaking authority under the Administrative Procedure Act (APA) because the Commission is not ‘‘formulating, amending, or repealing a rule’’ under 5 U.S.C. 551(5). Rather, the Commission is effectuating a change to the Code of Federal Regulations to reflect what congressional and presidential action already has accomplished. Accordingly, the Commission is not soliciting comments on this action, nor is it delaying the effective date. List of Subjects in 29 CFR Parts 1601 and 1626 Administrative practice and procedure, Equal employment opportunity. For the reasons set forth above, and pursuant to the CRA (5 U.S.C. 801 et seq.) and Public Law 117–22, the Equal Employment Opportunity Commission amends 29 CFR parts 1601 and 1626 as follows: PART 1601—PROCEDURAL REGULATION 1. The authority citation for 29 CFR 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; 28 U.S.C. 2461 note, as amended; Pub. L. 104–134, Sec. 31001(s)(1), 110 Stat. 1373. § 1601.24 [Amended] 2. Amend § 1601.24 by removing paragraphs (d), (e), and (f). ■ PART 1626—PROCEDURES—AGE DISCRIMINATION IN EMPLOYMENT ACT 3. The authority citation for 29 CFR 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. ■ 4. Revise § 1626.12 to read as follows: § 1626.12 Conciliation efforts pursuant to section 7(d) of the Act. Upon receipt of a charge, the Commission shall promptly attempt to eliminate any alleged unlawful practice E:\FR\FM\16FER1.SGM 16FER1

Agencies

[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12231-12232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03177]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / 
Rules and Regulations

[[Page 12231]]



EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1601

RIN 3046-AB26


2024 Adjustment of the Penalty for Violation of Notice Posting 
Requirements

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

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

SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, this final rule adjusts for 
inflation the civil monetary penalty for violation of the notice-
posting requirements in Title VII of the Civil Rights Act of 1964, the 
Americans with Disabilities Act, the Genetic Information Non-
Discrimination Act, and the Pregnant Workers Fairness Act.

DATES: This final rule is effective February 16, 2024.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202) 921-2665 or [email protected], Office of Legal 
Counsel, Equal Employment Opportunity Commission, 131 M St. NE, 
Washington, DC 20507. Requests for this notice in an alternative format 
should be made to the Office of Communications and Legislative Affairs 
at (202) 921-3191 (voice) or 1-800-669-6820 (TTY), or 1-844-234-5122 
(ASL video phone).

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 711 of the Civil Rights Act of 1964 (Title VII), 
which is adopted by reference in section 105 of the Americans with 
Disabilities Act (ADA), section 207(a)(1) of the Genetic Information 
Non-Discrimination Act (GINA), and section 104(a)(1) of the Pregnant 
Workers Fairness Act (PWFA), and implemented by the Equal Employment 
Opportunity Commission (EEOC) in 29 CFR 1601.30(a), every employer, 
employment agency, labor organization, and joint labor-management 
committee controlling an apprenticeship or other training program 
covered by Title VII, ADA, GINA, or PWFA, must post notices describing 
the pertinent provisions of these laws. Covered entities must post such 
notices in prominent and accessible places where they customarily 
maintain notices to employees, applicants, and members. 29 CFR 
1601.30(a). Failure to comply with this posting requirement is subject 
to a monetary penalty. 29 CFR 1601.30(b).
    Section 5(b) of the Federal Civil Penalties Inflation Adjustment 
Act Improvements Act of 2015 (2015 Act),\1\ which amended the Federal 
Civil Penalties Inflation Adjustment Act of 1990, requires the EEOC to 
annually adjust the amount of the penalty for non-compliance. Under the 
2015 Act, the EEOC has no discretion over whether or how to calculate 
this inflationary adjustment. In accordance with section 6 of the 2015 
Act, the EEOC will apply the adjusted penalty only to those assessed 
after the effective date of the adjustment.
---------------------------------------------------------------------------

    \1\ Public Law 114-74, Sec. 701(b), 129 Stat. 599.
---------------------------------------------------------------------------

II. Calculation

    The adjustment set forth in this final rule follows guidance under 
the 2015 Act from the Office of Management and Budget (OMB) \2\ and is 
calculated by comparing the Consumer Price Index for all Urban 
Consumers (CPI-U) for October 2022 with the CPI-U for October 2023, 
resulting in an inflation adjustment factor of 1.03241. The inflation 
adjustment factor (1.03241) was multiplied by the most recent civil 
penalty amount ($659) to calculate the inflation-adjusted penalty level 
($680.35819), which is then rounded to the nearest dollar ($680). 
Accordingly, the Commission is now adjusting the maximum penalty per 
violation specified in 29 CFR 1601.30(b) from $659 to $680.
---------------------------------------------------------------------------

    \2\ Memorandum from Shalanda D. Young, Director, Office of 
Management and Budget, to Heads of Executive Departments and 
Agencies, M-24-07, Dec. 19, 2023, M-24-07 at 1 (``[b]ased on the 
Consumer Price Index (CPI-U) for the month of October 2023, not 
seasonally adjusted, the cost-of-living adjustment multiplier for 
2024 is 1.03241'').
---------------------------------------------------------------------------

III. Regulatory Procedures

Administrative Procedure Act

    The Administrative Procedure Act (APA) provides an exception to the 
notice and comment procedures where an agency finds good cause for 
dispensing with such procedures, on the basis that they are 
impracticable, unnecessary, or contrary to the public interest. 5 
U.S.C. 553(b)(3)(B). The Commission finds that this rule meets the 
exception because the 2015 Act requires an inflationary adjustment to 
the civil monetary penalty, it prescribes the formula for calculating 
the adjustment to the penalty, and it provides the Commission with no 
discretion in determining the amount of the published adjustment. 
Accordingly, the Commission is issuing this revised regulation as a 
final rule without notice and comment.

Executive Order 12866

    This rule is not a significant regulatory action as that term is 
defined in Executive Order 12866. The inflationary adjustment's 
cumulative impact on the violations found each year falls well below 
the $200 million threshold for significant regulatory action under E.O. 
12866, as revised by E.O. 14094, and it otherwise fails to meet the 
definition of a significant regulatory action.

Paperwork Reduction Act

    This final rule contains no new information collection 
requirements, and therefore, will create no new paperwork burdens or 
modifications to existing burdens that are subject to review by the 
Office of Management and Budget under the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) only requires a 
regulatory flexibility analysis when the APA requires notice and 
comment procedures, or the agency otherwise issues such a notice. As 
stated above, notice and comment is neither required nor being used for 
this rule. Accordingly, the Regulatory Flexibility Act does not apply.

Unfunded Mandates Reform Act of 1995

    This final rule will not result in the expenditure by State, local, 
or tribal governments, in the aggregate, or by the

[[Page 12232]]

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 (2 U.S.C. 1501-1571).

Congressional Review Act

    This regulation is a rule subject to the Congressional Review Act 
(CRA) (5 U.S.C. 801-808), but is not a ``major'' rule that cannot take 
effect until 60 days after it is published in the Federal Register. 
Therefore, the EEOC will submit this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to the effective 
date of the rule.

List of Subjects in 29 CFR Part 1601

    Administrative practice and procedure.

    For the Commission.
Charlotte A. Burrows,
Chair, Equal Employment Opportunity Commission.

    Accordingly, the Equal Employment Opportunity Commission amends 29 
CFR part 1601 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; 28 U.S.C. 2461 note, as 
amended; Pub. L. 104-134, Sec. 31001(s)(1), 110 Stat. 1373.


0
2. Section 1601.30 is amended by revising paragraph (b) to read as 
follows:


Sec.  1601.30  Notices to be posted.

* * * * *
    (b) Section 711(b) of Title VII and the Federal Civil Penalties 
Inflation Adjustment Act, as amended, make failure to comply with this 
section punishable by a fine of not more than $680 for each separate 
offense.

[FR Doc. 2024-03177 Filed 2-15-24; 8:45 am]
BILLING CODE 6570-01-P
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