WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a Notice of Proposed Rulemaking (NPRM) to update private sector procedural regulations to account for digital transmission of documents and communications between the EEOC and the parties. The proposed rule changes recognize the increasing reliance on digital technology by the EEOC and its stakeholders. This NPRM was posted by the Federal Register for public inspection today and will be published in the Federal Register on Feb. 22, 2019. Members of the public wishing to comment on the NPRM will have 60 days from the date of publication to do so, through www.regulations.gov.
The NPRM, approved by a unanimous vote of the Commission on Dec. 4, 2018, also includes a few other focused updates to the private sector procedural rules. The NPRM invites public comment on a proposal to more clearly communicate that a no-cause closure does not equate to a finding that the allegations in the charge are meritless, and to include similar language on EEOC's "Dismissal and Notice of Rights." The NPRM also proposes to clarify the filing deadline for charges filed in locations where a state or local fair employment practices agency exists but does not have jurisdiction over the statutory basis for a charge. Finally, the NPRM would allow office directors in the field to delegate authority to issue a "Dismissal and Notice of Rights" with established procedures and quality standards to support increased efficiencies.
"The EEOC's digital charge system makes the EEOC more accessible and more transparent to the public," said EEOC Acting Chair Victoria A. Lipnic. "We encourage the public to provide candid feedback on these updates to our procedural rules as part of the agency's move to online services."
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