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EEOC 1/14/2013 Retrospective Regulatory Review Status Report

 

Agency RIN/OMB Control No. Title Brief Description Anticipated Benefits and/or Cost Savings Actual or Target Completion Date Progress Updates and Anticipated Accomplishments
EEOC 3046-AA91 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 The EEOC plans to propose to update this joint regulation with the Department of Justice to better coordinate enforcement of Title I of the ADA with Section 504 of the Rehabilitation Act. The EEOC anticipates the revisions will result in increased efficiency in the government's response to such complaints. By updating outdated terminology and clarifying procedures for referring complaints between agencies, these revisions will improve the efficiency of complaint processing and eliminate the possibility that misfiled complaints will run into timeliness problems when not promptly referred to the correct agency. This will benefit agencies (by creating procedures that accurately describe the complaint process), charging parties/complainants (by ensuring that charges/complaints are processed in a timely manner by the agency best able to investigate the issues at hand), and respondents (by ensuring that one federal agency takes the lead in any charge/complaint filed against them). EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints. 10/2013 The estimated date for publication of a proposed rule is October 2013. EEOC staff is currently developing specific revisions to the rule, which is a joint rule with DOJ, and has contacted the appropriate staff at DOJ for input.
EEOC 3046-AA92 29 CFR Part 1641 - Procedures for Complaints/Charges of Employment Discrimination based on Disability filed against Employers holding Government Contracts or Subcontracts The EEOC plans to propose to update this joint regulation with the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) to better coordinate enforcement of Title I of the ADA with Section 503 of the Rehabilitation Act. The EEOC anticipates the revisions to result in increased efficiency in the government's response to such complaints. By updating outdated terminology and clarifying procedures for referring complaints between agencies, these revisions will improve the efficiency of complaint processing and eliminate the possibility that misfiled complaints will run into timeliness problems when not promptly referred to the correct agency. This will benefit agencies (by creating procedures that accurately describe the complaint process), charging parties/complainants (by ensuring that charges/complaints are processed in a timely manner by the agency best able to investigate the issues at hand), and respondents (by ensuring that one federal agency takes the lead in any charge/complaint filed against them). EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints. 10/2013 The estimated date for publication of a proposed rule is October 2013. EEOC staff is currently developing specific revisions to the rule, which is a joint rule with OFCCP, and has contacted the appropriate staff at OFCCP for input.
EEOC 3046-AA93 29 CFR Part 1691 - Procedures for Complaints of Employment Discrimination filed against Recipients of Federal Financial Assistance The EEOC plans to propose to update this joint regulation with the Department of Justice to better coordinate enforcement of EEO requirements in federal grants with the EEOC's enforcement of Title VII and the Equal Pay Act. The EEOC anticipates the revisions to result in increased efficiency in the government's response to such complaints. By updating outdated terminology and clarifying procedures for referring complaints between agencies, these revisions will improve the efficiency of complaint processing and eliminate the possibility that misfiled complaints will run into timeliness problems when not promptly referred to the correct agency. This will benefit agencies (by creating procedures that accurately describe the complaint process), charging parties/complainants (by ensuring that charges/complaints are processed in a timely manner by the agency best able to investigate the issues at hand), and respondents (by ensuring that one federal agency takes the lead in any charge/complaint filed against them). EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints. 10/2013 The estimated date for publication of a proposed rule is October 2013. EEOC staff is currently developing specific revisions to the rule, which is a joint rule with DOJ, and has contacted the appropriate staff at DOJ for input.
EEOC 3046-AA90 29 CFR Part 1610 - Availability of Records This regulation revises EEOC's Freedom of Information Act (FOIA) regulations to reflect current EEOC practices, improves procedures for requesting information from the Commission, and updates EEOC's FOIA processing procedures to conform to recent FOIA amendments. For example, the current first in/first out system for FOIA requests may cause delays for the public and inefficiencies for the Commission when complex FOIA requests precede simple FOIA requests. The Commission proposes to replace the first in/first out FOIA processing system with a multi-tier system that categorizes requests upon receipt as "simple," "complex," or "expedited." Commission response time will then be based on how each request is characterized. As another example, statutory and regulatory confidentiality requirements prevent FOIA disclosure of a charge file to a respondent unless the charging party has filed a timely lawsuit which raises the same issues as raised in the administrative charge. These same confidentiality provisions prohibit charge file disclosure to a charging party if the 90-day time period for filing suit has expired and the charging party has not filed a civil action within that 90-day period. Currently, if the requestor does not submit evidence that a civil action has been filed, EEOC denies the request citing the confidentiality provisions. The Commission proposes to revise its FOIA regulations to require FOIA requesters in both circumstances to submit a copy of the court complaint with their requests so that the Commission can immediately determine whether disclosure of the charge file is permitted. This will decrease the number of FOIA denials that occur when a civil action has been filed but the requestor failed to establish that fact when making the request. This will also reduce the number of appeals resulting from request denials that otherwise should have been granted. EEOC anticipates no new or additional costs to individuals requesting information under the FOIA or to any other entity, and expects benefits to include more efficient processing of FOIA requests. 6/2013 A Notice of Proposed Rulemaking was published in the Federal Register on September 4, 2012. See 77 Fed. Reg. 53814.