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EEOC Status Report on Retrospective Regulatory Review – January 2012

RIN/
OMB Control No.		 Title of Initiative/Rule/ICR Brief Description Actual or Target Completion Date Anticipated savings in costs and/or information collection burdens, together with any anticipated changes in benefits Progress updates and anticipated accomplishments Notes
3046-AA87*; 3046-AA76 29 CFR Part 1625 – Age Discrimination in Employment Act (most recently reviewed 1625.7(b),(c) – Reasonable Factors other than Age; 1625.7(d) – Disparate Impact) Regulations interpreting the Age Discrimination in Employment Act (ADEA) March 2012 EEOC anticipates these regulatory changes will reduce the burden on employers of defending against ADEA disparate impact claims by replacing the business necessity defense in the existing ADEA regulations with the less stringent "reasonable factor other than age" (RFOA) defense, in conformance with the Supreme Court's decisions.  EEOC also expects this rule will lessen litigation costs for employers by providing clear guidance about the defense. Pending E.O. 12866 Regulatory Review.  More information may be found at www.reginfo.gov.  
3046-AA73* 29 CFR Part 1614 - Federal Sector Equal Employment Opportunity Establishes procedures for federal agency equal employment opportunity (EEO) programs July 2012 EEOC is developing a proposed rule to make the process fairer and more efficient, thereby reducing costs and increasing benefits. EEOC staff is currently reviewing a draft proposed rule.  
3046-AA42 29 CFR Part 1640 – Procedures for Coordinating the Investigation of Complaints or Charges of Discrimination based on Disability subject to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 Implements federal agency procedures for processing complaints or charges of employment discrimination filed against recipients of federal financial assistance when jurisdiction exists under both section 504 of the Rehabilitation Act and Title I of the Americans with Disabilities Act (ADA) October 2013 EEOC is developing proposed revisions to these regulations that are anticipated to result in increased efficiency in the government's response to such complaints. EEOC staff is developing specific proposed revisions to this rule.  
  29 CFR Part 1641 - Procedures for Complaints/Charges of Employment Discrimination based on Disability filed against Employers holding Government Contracts or Subcontracts Implements procedures for processing complaints or charges of employment discrimination filed against employers holding government contracts or subcontracts, where the complaints/charges fall within the jurisdiction of both section 503 of the Rehabilitation Act and the ADA, and provides for cooperation between EEOC and the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) October 2013 EEOC is reviewing proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints. EEOC staff is developing specific proposed revisions to this rule.  
  29 CFR Part 1691 – Procedures for Complaints of Employment Discrimination filed against Recipients of Federal Financial Assistance Implements procedures for processing complaints of employment discrimination filed against recipients of federal financial assistance subject to title VI of the Civil Rights Act of 1964 (Title VI), title IX of the Education Amendments of 1972, the State and Local Fiscal Assistance Act of 1972, as amended, and provisions similar to title VI and title IX in Federal grant statutes October 2013 EEOC is reviewing proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints. EEOC staff is developing specific proposed revisions to this rule.  
  29 CFR Part 1600 – Employee Responsibilities and Conduct States EEOC employees' duty to comply with certain ethical standards for Executive Branch employees October 2016   EEOC anticipates beginning review of this rule in 2014.  
  29 CFR Part 1601 – Procedural Regulations Establishes procedures for EEOC to follow in carrying out its responsibilities in the administration and enforcement of Title VII, the ADA, and the Genetic Information Nondiscrimination Act (GINA) October 2016   EEOC anticipates beginning review of this rule in 2014.  
  29 CFR 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 Establishes procedures for EEOC to follow in processing complaints of discrimination filed under section 304 of the Government Employee Rights Act October 2016   EEOC anticipates beginning review of this rule in 2014.  
3046-AA90 29 CFR Part 1610 – Availability of Records EEOC's regulations implementing the Freedom of Information Act (FOIA), including the procedures for requesting information from the Commission October 2016   EEOC anticipates beginning review of this rule in 2014.  
  29 CFR Part 1611 – Privacy Act Regulations EEOC's regulations implementing the Privacy Act, including a list of its systems of records and guidance to members of the public who wish to exercise any of the rights established by the Act with regard to records maintained by EEOC October 2017   EEOC anticipates beginning review of this rule in 2015.  
  29 CFR Part 1612 – Government in the Sunshine Act Regulations EEOC's regulations implementing the Sunshine Act, including the basic responsibilities of EEOC to comply with the Act and guidance to members of the public who wish to exercise any of the rights established by the Act October 2017   EEOC anticipates beginning review of this rule in 2015.  
  29 CFR Part 1650 – Debt Collection Establishes procedures to be followed in the collection by salary offset of debts owed to the United States under 5 U.S.C. 5514 October 2017   EEOC anticipates beginning review of this rule in 2015.  
OMB Control Nos. 3046-0040, 0006, 0008, 0003, 0009 29 CFR Part 1602 – Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA Establishes recordkeeping requirements for covered entities under Title VII of the Civil Rights Act of 1964 (Title VII), the ADA, and GINA; establishes procedures for completing EEO Survey Reports October 2018   EEOC anticipates beginning review of this rule in 2016.  
OMB Control No. 3046-0017 
 
 29 CFR Part 1607 – Uniform Guidelines on Employee Selection Procedures (1978) Establishes principles designed to assist employers and other covered entities in complying with federal laws prohibiting employment practices which discriminate on grounds of race, color, religion, sex, and national origin, and includes a framework for determining proper use of tests and other selection procedures October 2018   EEOC anticipates beginning review of this rule in 2016.  
  29 CFR Part 1604 – Guidelines on Discrimination because of Sex Guidelines interpreting the prohibitions on sex discrimination in Title VII and the Equal Pay Act (EPA) October 2019   EEOC anticipates beginning review of this rule in 2017.  
  29 CFR Part 1605 – Guidelines on Discrimination because of Religion Guidelines interpreting an employer's duty under Title VII to reasonably accommodate the religious practices of employees and applicants October 2019   EEOC anticipates beginning review of this rule in 2017.  
  29 CFR Part 1606 – Guidelines on Discrimination because of National Origin Guidelines interpreting the prohibitions on national origin discrimination under Title VII October 2019   EEOC anticipates beginning review of this rule in 2017.  
  29 CFR Part 1608 – Affirmative Action Appropriate under Title VII of the Civil Rights Act of 1964, as amended Addresses the types of affirmative action programs that are appropriate under Title VII October 2019   EEOC anticipates beginning review of this rule in 2017.  
  29 CFR Part 1620 – The Equal Pay Act Regulations interpreting the prohibition on wage discrimination under the EPA October 2020   EEOC anticipates beginning review of this rule in 2018.  
  29 CFR Part 1621 – Procedures – The Equal Pay Act Establishes procedures for EEOC to issue opinion letters under the EPA October 2020   EEOC anticipates beginning review of this rule in 2018.  
  29 CFR Part 1626 – Procedures – Age Discrimination in Employment Act Establishes procedures for EEOC to follow in processing of charges filed under the ADEA October 2021   EEOC anticipates beginning review of this rule in 2019.  
  29 CFR Part 1627 – Records to be Made or Kept Relating to Age; Notices to be Posted Establishes recordkeeping requirements for covered entities under the ADEA October 2021   EEOC anticipates beginning review of this rule in 2019.  
3046-AA85* 29 CFR Part 1630 – Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act Regulations implementing the ADA, as amended October 2022   EEOC anticipates beginning review of this rule in 2020.  
3046-AA84* 29 CFR Part 1635 – Genetic Information Nondiscrimination Act of 2008 Regulations implementing GINA October 2022   EEOC anticipates beginning review of this rule in 2020.  
3046-AA82 29 CFR Part

1615 – Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by EEOC and in Accessibility of Commission Electronic and Information Technology

 Effectuates Rehabilitation Act, as amended, which prohibits discrimination on the basis of disability by the federal government, and mandates that technology used by the federal government must be accessible to individuals with disabilities October 2023   EEOC anticipates beginning review of this rule in 2021.  
  29 CFR Part 1690 – Procedures on Interagency Coordination of Equal Employment Opportunity Issuances Establishes procedures for review and consultation between EEOC and other federal agencies having responsibility for enforcement of federal statutes, Executive Orders, regulations and policies that require equal employment opportunity without regard to race, color, religion, sex, national origin, age or disability October 2023   EEOC anticipates beginning review of this rule in 2021.  
 
 

Note: RINs shown are for recent substantive regulatory revisions, and may not have covered the entirety of the corresponding CFR Parts.  No RIN is given for items that have not been revised in the past 5 years. 

* Indicates regulatory revision designated as significant within the meaning of EO 12866 as amended by EO 13563.