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EEOC February 2015 Retrospective Regulatory Review Status Report and Timeline

Agency Sub-agency Title RIN/ OMB # Summary of Initiative Status Target Completion Date Inclusion of Pilot Projects, Safe Harbor Exemptions, Sunset Provisions, Trigger Provisions, Streamlined Requirements, State Flexibilities, or Similar Strategies? Use of Experimental Design?  Methods to Identify Improvements Anticipated/Realized Savings in Costs and/or Burdens; Anticipated/Realized Changes in Benefits
EEOC Office of Legal Counsel (OLC) 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 3046-AA91 The EEOC plans to propose to update this joint regulation with the Department of Justice to enhance coordination and enforcement of Title I of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. By updating outdated terminology and clarifying complaint referral procedures, these revisions will increase the efficiency of complaint processing and prevent timeliness concerns regarding complaints filed in a timely fashion with the incorrect agency. These revisions will benefit agencies (by ensuring that procedures 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). Ongoing Oct-15 No No The EEOC has consulted and will continue to consult with DOJ, as this is a joint EEOC-DOJ regulation. The EEOC will also solicit comments internally and from the public. EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints.
EEOC OLC 29 CFR Part 1641 - Procedures for Complaints/ Charges of Employment Discrimination Based on Disability Filed Against Employers Holding Government Contracts or Subcontracts 3046-AA92 The EEOC plans to propose to update this joint regulation with the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) to enhance coordination and enforcement of Title I of the Americans with Disabilities Act and Section 503 of the Rehabilitation Act. By updating outdated terminology and clarifying complaint referral procedures, these revisions will increase the efficiency of complaint processing. These revisions will benefit agencies (by ensuring that procedures 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). Ongoing Oct-15 No No The EEOC has consulted and will continue to consult with OFCCP, as this is a joint EEOC-OFCCP regulation. The EEOC will also solicit comments internally and from the public. EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints.
EEOC OLC 29 CFR Part 1691 - Procedures for Complaints of Employment Discrimination Filed Against Recipients of Federal Financial Assistance 3046-AA93 The EEOC plans to propose to update this joint regulation with the Department of Justice to enhance coordination and enforcement of EEO requirements in federal grants and EEOC's enforcement of Title VII of the Civil Rights Act and the Equal Pay Act. By updating outdated terminology and clarifying complaint referral procedures, these revisions will increase the efficiency of complaint processing and prevent timeliness concerns regarding complaints filed in a timely fashion with the incorrect agency. These revisions will benefit agencies (by ensuring that procedures 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). Ongoing Oct-15 No No The EEOC has consulted and will continue to consult with DOJ, as this is a joint EEOC-DOJ regulation. The EEOC will also solicit comments internally and from the public. EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints.
EEOC OLC 29 CFR Part 1614 - Federal Sector Equal Employment Opportunity 3046-AB00 In July 2012, EEOC published a final rule containing fifteen discrete changes to various parts of the Federal sector EEO complaint process and indicated that the rule was the Commission's initial step in a broader review of the Federal sector EEO process. The Commission recently published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public input on additional issues associated with the Federal sector EEO process. Ongoing; ANPRM published February 6, 2015 (80 Fed. Reg. 6,669) Nov-15 No No The EEOC will solicit comments internally and from the public. The EEOC published an ANPRM in the Federal Register on February 6, 2015 soliciting comments. (80 Fed. Reg. 6,669). EEOC is developing revisions to make the complaint process fairer and more efficient, thereby reducing costs and increasing benefits.
EEOC OLC 29 CFR Part 1601 - Procedural Regulations   The EEOC is reviewing this regulation, which establishes the procedures that the EEOC follows in investigating charges of unlawful employment discrimination under Title VII of the Civil Rights Act, Title I of the Americans with Disabilities Act, and Title II of the Genetic Information Nondiscrimination Act, and will propose any changes to update or revise it deemed necessary or useful. Ongoing Oct-16 Undetermined Undetermined The EEOC will solicit comments internally and from the public. As we are in the preliminary stages of reviewing this regulation, information regarding cost savings and benefits is not currently available.
EEOC OLC 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   The EEOC is reviewing this regulation, which establishes the procedures that the EEOC follows in adjudicating complaints of unlawful employment discrimination by previously exempt employees of state or local governments under Title VII of the Civil Rights Act, Title I of the Americans with Disabilities Act, and Title II of the Genetic Information Nondiscrimination Act, and will propose any changes to update or revise it deemed necessary or useful. Ongoing Oct-16 Undetermined Undetermined The EEOC will solicit comments internally and from the public. As we are in the preliminary stages of reviewing this regulation, information regarding cost savings and benefits is not currently available.
EEOC OLC 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 New; EEOC anticipates beginning review of this regulation in 2015. Oct-17 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 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 New; EEOC anticipates beginning review of this regulation in 2015. Oct-17 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1615 - Enforcement of Nondiscrimina-tion on the Basis of Disability in Programs or Activities Conducted by EEOC and in Accessibility of Commission Electronic and Information Technology 3046- AA82 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 New; EEOC anticipates beginning review of this regulation in 2015. Oct-17 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 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 New; EEOC anticipates beginning review of this regulation in 2015. Oct-17 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 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 responsible for enforcing federal statutes, Executive Orders, regulations and policies that require equal employment opportunity without regard to race, color, religion, sex, national origin, age or disability New; EEOC anticipates beginning review of this regulation in 2015. Oct-17 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1602 - Recordkeeping and Reporting Requirements Under Title VII, the ADA, and GINA 3046-0040, 0006, 0008, 0003, 0009 Establishes recordkeeping requirements for covered entities under Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, and Title II of the Genetic Information Nondiscrimination Act; establishes procedures for completing EEO Survey Reports New; EEOC anticipates beginning review of this regulation in 2016. Oct-18 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1604 - Guidelines on Discrimination Because of Sex   Guidelines interpreting the prohibitions on sex discrimination in Title VII of the Civil Rights Act of 1964 and the Equal Pay Act New; EEOC anticipates beginning review of this regulation in 2016. Oct-18 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1620 - The Equal Pay Act   Regulations interpreting the prohibition on wage discrimination under the Equal Pay Act (EPA) New; EEOC anticipates beginning review of this regulation in 2016. Oct-18 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1621 - Procedures - The Equal Pay Act   Establishes procedures for EEOC to issue opinion letters under the EPA New; EEOC anticipates beginning review of this regulation in 2016. Oct-18 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1605 - Guidelines on Discrimination Because of Religion   Guidelines to clarify and provide guidance about the duty to accommodate religious practices and beliefs under Title VII of the Civil Rights Act of 1964 (Title VII); the meaning of the term "religious practices"; and the scope of Title VII's undue hardship defense. New; EEOC anticipates beginning review of this regulation in 2017. Oct-19 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1606 - Guidelines on Discrimination Because of National Origin   Guidelines interpreting the prohibitions on national origin discrimination under Title VII New; EEOC anticipates beginning review of this regulation in 2017. Oct-19 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 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 New; EEOC anticipates beginning review of this regulation in 2017. Oct-19 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1625 - Age Discrimination in Employment Act   Regulations interpreting the Age Discrimination in Employment Act (ADEA) New; EEOC anticipates beginning review of this regulation in 2019. Oct-21 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1626 - Procedures - Age Discrimination in Employment Act   Establishes procedures for EEOC to follow in processing of charges filed under the ADEA New; EEOC anticipates beginning review of this rule in 2019. Oct-21 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 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 New; EEOC anticipates beginning review of this regulation in 2019. Oct-21 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1630 - Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act 3046-AA85* Regulations implementing the ADA, as amended New; EEOC anticipates beginning review of this regulation in 2020. Oct-22 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1635 - Genetic Information Nondiscrimina-tion Act of 2008 3046-AA84* Regulations implementing GINA New; EEOC anticipates beginning review of this regulation in 2020. Oct-22 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 29 CFR Part 1607 - Uniform Guidelines on Employee Selection Procedures (1978) 3046-0017 Establishes principles designed to assist employers and other covered entities with assessing the validity of tests and other selection procedures in compliance with federal laws prohibiting employment practices that discriminate on grounds of race, color, religion, sex, and national origin New; EEOC anticipates beginning review of this regulation in 2021. Oct-23 Undetermined Undetermined Undetermined Undetermined
EEOC OLC 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) 3046-AA87*; 3046-AA76 Regulations interpreting the Age Discrimination in Employment Act (ADEA) Completed Final rule published in the Federal Register on March 30, 2012 (77 Fed. Reg. 19, 080). No No EEOC solicited comments internally and from members of the public. 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.
EEOC OLC 29 CFR Part 1614 - Federal Sector Equal Employment Opportunity 3046-AA73* Establishes procedures for federal agency equal employment opportunity (EEO) programs. In July 2012, EEOC published a final rule containing fifteen discrete changes to various parts of the Federal sector EEO complaint process, and indicated that the rule was the Commission's initial step in a broader review of the Federal sector EEO process. Completed Final rule published in the Federal Register on July 25, 2012 (77 Fed. Reg. 43,498). No No EEOC solicited comments internally and from members of the public. Makes the federal sector EEO complaint process fairer and more efficient, thereby reducing costs and increasing benefits.
EEOC OLC 29 CFR Part 1610 - Availability of Records 3046-AA90 This rulemaking 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. Completed Final rule published in the Federal Register on June 19, 2013 (78 Fed. Reg. 36,645). No No EEOC solicited comments internally and from members of the public. 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.

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.