Rules and Regulations. RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII

2,590 words·~12 min read·/register/2024/02/14/2024-02764

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

5. Remove the words “title VII, the ADA, or GINA” and add in their place the words “title VII, the ADA, GINA, or the PWFA” wherever they appear in the following places: a. § 1601.6(a); b. § 1601.7(a); c. § 1601.10; d. § 1601.11(b); e. § 1601.13(a)(3)(i), (a)(4)(i); f. § 1601.17(a); g. § 1601.18(a); h. § 1601.21(a), (e)(2)(iii); i. § 1601.22; j. § 1601.24(c); k. § 1601.25; l. § 1601.26(a); m. § 1601.28(a)(3), (b)(1); n. § 1601.30(a); o. § 1601.70(d); p. § 1601.79. §§ 1601.16, 1601.30, and 1601.34 [Amended] 6.

Remove the words “title VII, the ADA, and GINA” and add in their place the words “title VII, the ADA, GINA, and the PWFA” wherever they appear in the following places: a. § 1601.16(a); b. § 1601.30(a); c. § 1601.34. 7. Section 1601.28(e)(1) is revised to read as follows: § 1601.28 Notice of Right to Sue: Procedure and Authority.

(e)* * *

(1)Authorization to the aggrieved person to bring a civil action under title VII, the ADA, GINA, or the PWFA pursuant to section 706(f)(1) of title VII, section 107 of the ADA, section 207 of GINA, or section 104 of the PWFA within 90 days from receipt of such authorization; 8. Section 1601.70(a)(1) is revised to read as follows: § 1601.70 FEP agency qualifications.

(a)* * *

(1)That the state or political subdivision has a fair employment practice law which makes unlawful employment practices based upon race; color; religion; sex; national origin; disability; genetic information; or pregnancy, childbirth, or related medical conditions; and PART 1602—RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII, THE ADA, GINA, AND THE PWFA 9. The heading for part 1602 is revised to read as set forth above. 10. The authority citation for part 1602 is revised to read as follows: Authority: 42 U.S.C. 2000e-8, 2000e-12; 44 U.S.C. 3501 *et seq.;* 42 U.S.C. 12117; 42 U.S.C. 2000ff-6; 42 U.S.C. 2000gg-2. 11. Section 1602.1 is revised to read as follows: § 1602.1 Purpose and scope. Section 709 of title VII (42 U.S.C. 2000e-8), section 107 of the Americans with Disabilities Act

(ADA)(42 U.S.C. 12117), section 207(a) of the Genetic Information Nondiscrimination Act

(GINA)(42 U.S.C. 2000ff-6), and section 104 of the Pregnant Workers Fairness Act

(PWFA)(42 U.S.C 2000gg-2) require the Commission to establish regulations pursuant to which employers, labor organizations, joint labor-management committees, and employment agencies subject to those Acts shall make and preserve certain records and shall furnish specified information to aid in the administration and enforcement of the Acts. §§ 1602.11, 1602.12, 1602.14, 1602.19, 1602.21(b), 1602.26, 1602.28, 1602.31, 1602.37, 1602.45, and 1602.54 [Amended] 12. Remove the words “title VII, the ADA, or GINA” and add in their place the words “title VII, the ADA, GINA, or the PWFA”; and remove the words “section 709(c) of title VII, section 107 of the ADA, or section 207(a) of GINA” and add in their place the words “section 709(c) of title VII, section 107 of the ADA, section 207(a) of GINA, or section 104 of the PWFA” wherever they appear in the following places: a. § 1602.11; b. § 1602.12; c. § 1602.14; d. § 1602.19; e. § 1602.21(b); f. § 1602.26; g. § 1602.28(a); h. § 1602.31; i. § 1602.37; j. § 1602.45; k. § 1602.54. 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 13. The authority citation for part 1603 is revised to read as follows: Authority: 42 U.S.C. 2000e-16c; 42 U.S.C. 2000ff-6(b); 42 U.S.C 2000gg-2. 14. Section 1603.102(a) is revised to read as follows: § 1603.102 Filing a complaint.

(a)*Who may make a complaint.* Individuals referred to in § 1603.101 who believe they have been discriminated against on the basis of race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions; or retaliated against for opposing any practice made unlawful by federal laws protecting equal employment opportunity or for participating in any stage of administrative or judicial proceedings under federal laws protecting equal employment opportunity may file a complaint not later than 180 days after the occurrence of the alleged discrimination. PART 1610—AVAILABILITY OF RECORDS 15. The authority citation for part 1610 continues to read as follows: Authority: 42 U.S.C. 2000e-12(a), 5 U.S.C. 552 as amended by Pub. L. 93-502, Pub. L. 99-570, and Pub. L. 105-231; for § 1610.15, non-search or copy portions are issued under 31 U.S.C. 9701. 16. Section 1610.7(a)(4) is revised to read as follows: § 1610.7 Where to make request; form.

(a)* * *

(4)Materials in office investigative files related to charges under: Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e *et seq.* ); the Equal Pay Act (29 U.S.C. 206(d)); the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 *et seq.* ); the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 *et seq.* ); the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff *et seq.* ); or the Pregnant Workers Fairness Act (42 U.S.C. 2000gg *et seq.* ). 17. Section 1610.17(i) is revised to read as follows: § 1610.17 Exemptions.

(i)Section 107 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117); section 207(a) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-6); and section 104 of the Pregnant Workers Fairness Act (42 U.S.C. 2000gg-2) explicitly adopt the powers, remedies, and procedures set forth in sections 706 and 709 of title VII. Accordingly, the prohibitions on disclosure contained in sections 706 and 709 of title VII as outlined in paragraphs (b), (c), (d), and

(e)of this section, apply with equal force to requests for information related to charges and executed statistical reporting forms filed with the Commission under the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Pregnant Workers Fairness Act. PART 1611—PRIVACY ACT REGULATIONS 18. The authority citation for part 1611 continues to read as follows: Authority: 5 U.S.C. 552a. 19. Section 1611.13 is amended by revising the introductory text, paragraph (a), and the first sentence of paragraph

(c)to read as follows: § 1611.13 Specific Exemptions—Charge and complaint files. Pursuant to subsection (k)(2) of the Act, 5 U.S.C. 552a(k)(2), systems EEOC-1 (Age and Equal Pay Act Discrimination Case Files), EEOC-3 (Title VII, Americans with Disabilities Act, GINA, and PWFA Discrimination Case Files), EEOC-15 (Internal Harassment Inquiries) and EEOC/GOVT-1 (Equal Employment Opportunity Complaint Records and Appeal Records) are exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and

(f)of the Privacy Act. The Commission has determined to exempt these systems from the above- named provisions of the Privacy Act for the following reasons:

(a)The files in these systems contain information obtained by the Commission and other Federal agencies in the course of harassment inquiries, and investigations of charges and complaints that violations of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, the Rehabilitation Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act have occurred. It would impede the law enforcement activities of the Commission and other agencies if these provisions of the Act applied to such records.

(c)Subject individuals of the files in EEOC-1 (Age and Equal Pay Act Discrimination Case Files), EEOC-3 (Title VII, Americans with Disabilities Act, GINA, and PWFA Discrimination Case Files), and EEOC/GOVT-1 (Equal Employment Opportunity Complaint Records and Appeal Records) have been provided a means of access to their records by the Freedom of Information Act. * * * PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY 20. The authority citation for part 1614 is revised to read as follows: Authority: 29 U.S.C. 206(d), 633a, 791 and 794a; 42 U.S.C. 2000e-16, 2000ff-6(e), and 2000gg-2(e); E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218; E.O. 11222, 3 CFR, 1964-1965 Comp., p. 306; E.O. 11478, 3 CFR, 1969 Comp., p. 133; E.O. 12106, 3 CFR, 1978 Comp., p. 263; Reorg. Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321. 21. Section 1614.101 is revised to read as follows: § 1614.101 General policy.

(a)It is the policy of the Government of the United States to provide equal opportunity in employment for all persons, to prohibit discrimination in employment because of race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions; and to promote the full realization of equal employment opportunity through a continuing affirmative program in each agency.

(b)No person shall be subject to retaliation for opposing any practice made unlawful by title VII of the Civil Rights Act (title VII) (42 U.S.C. 2000e *et seq.* ), the Age Discrimination in Employment Act

(ADEA)(29 U.S.C. 621 *et seq.* ), the Equal Pay Act (29 U.S.C. 206(d)), the Rehabilitation Act (29 U.S.C. 791 *et seq.* ), the Genetic Information Nondiscrimination Act

(GINA)(42 U.S.C. 2000ff *et seq.* ), or the Pregnant Workers Fairness Act

(PWFA)(42 U.S.C. 2000gg *et seq.* ) or for participating in any stage of administrative or judicial proceedings under those statutes. 22. Section 1614.102(a)(4) is revised to read as follows: § 1614.102 Agency program.

(a)* * *

(4)Communicate the agency's equal employment opportunity policy and program and its employment needs to all sources of job candidates without regard to race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions; and solicit their recruitment assistance on a continuing basis; 23. Section 1614.103(a) is revised to read as follows: § 1614.103 Complaints of discrimination covered by this part.

(a)Individual and class complaints of employment discrimination and retaliation prohibited by title VII (discrimination on the basis of race, color, religion, sex and national origin), the ADEA (discrimination on the basis of age when the aggrieved individual is at least 40 years of age), the Rehabilitation Act (discrimination on the basis of disability), the Equal Pay Act (sex-based wage discrimination), GINA (discrimination on the basis of genetic information), or the PWFA (discrimination on the basis of pregnancy, childbirth, or related medical conditions) shall be processed in accordance with this part. Complaints alleging retaliation prohibited by these statutes are considered to be complaints of discrimination for purposes of this part. 24. Amend § 1614.105 by revising paragraph

(a)introductory text to read as follows: § 1614.105 Pre-complaint processing.

(a)Aggrieved persons who believe they have been discriminated against on the basis of race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions must consult a Counselor prior to filing a complaint in order to try to informally resolve the matter. 25. Section 1614.204(a)(1) is revised to read as follows: § 1614.204 Class complaints.

(a)* * *

(1)A *class* is a group of employees, former employees or applicants for employment who, it is alleged, have been or are being adversely affected by an agency personnel management policy or practice that discriminates against the group on the basis of their race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions. 26. Amend § 1614.302 by revising paragraphs (a)(1) and

(2)to read as follows: § 1614.302 Mixed case complaints.

(a)* * *

(1)*Mixed case complaint.* A mixed case complaint is a complaint of employment discrimination filed with a federal agency based on race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions related to or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB). The complaint may contain only an allegation of employment discrimination or it may contain additional allegations that the MSPB has jurisdiction to address.

(2)*Mixed case appeals.* A mixed case appeal is an appeal filed with the MSPB that alleges that an appealable agency action was effected, in whole or in part, because of discrimination on the basis of race; color; religion; sex; national origin; disability; age; genetic information; or pregnancy, childbirth, or related medical conditions. 27. Section 1614.304(b)(3) is revised to read as follows: § 1614.304 Contents of petition.

(b)* * *

(3)A statement of the reasons why the decision of the MSPB is alleged to be incorrect, in whole or in part, only with regard to issues of discrimination based on race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions; 28. Amend § 1614.407 by revising the introductory text to read as follows: § 1614.407 Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act. A complainant who has filed an individual complaint, an agent who has filed a class complaint or a claimant who has filed a claim for individual relief pursuant to a class complaint is authorized under title VII, the ADEA, the Rehabilitation Act, Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act to file a civil action in an appropriate United States District Court: 29. Section § 1614.503(g) is revised to read as follows: § 1614.503 Enforcement of final Commission decisions.

(g)*Notification to complainant of completion of administrative efforts.* Where the Commission has determined that an agency is not complying with a prior decision, or where an agency has failed or refused to submit any required report of compliance, the Commission shall notify the complainant of the right to file a civil action for enforcement of the decision pursuant to Title VII, the ADEA, the Equal Pay Act, the Rehabilitation Act, the Genetic Information Nondiscrimination Act, or the Pregnant Workers Fairness Act and to seek judicial review of the agency's refusal to implement the ordered relief pursuant to the Administrative Procedure Act, 5 U.S.C. 701 *et seq.,* and the mandamus statute, 28 U.S.C. 1361, or to commence de novo proceedings pursuant to the appropriate statutes. 30. Section § 1614.702(j) is revised to read as follows: § 1614.702 Definitions.

(j)The term basis of alleged discrimination refers to the individual's protected status ( *i.e.,* race; color; religion; reprisal; sex; national origin; Equal Pay Act; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions). Only those bases protected by Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e *et seq.,* the Equal Pay Act of 1963, 29 U.S.C. 206(d), the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 *et seq.,* the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791 *et seq.,* the Genetic Information Nondiscrimination Act, 42 U.S.C. 2000ff *et seq.,* and the Pregnant Workers Fairness Act, 42 U.S.C. 2000gg *et seq.,* are covered by the Federal EEO process. PART 1626—PROCEDURES—AGE DISCRIMINATION IN EMPLOYMENT ACT 31. The authority citation for 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. 32. Section 1626.17(a)(2) is revised to read as follows: § 1626.17 Notice of dismissal or termination.

(a)* * *

(2)Where the charge has been filed under the ADEA and title VII, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), or the Pregnant Workers Fairness Act (PWFA), the Commission will issue a Notice of Dismissal or Termination under the ADEA at the same time it issues the Notice of Right to Sue under title VII, the ADA, GINA, or the PWFA, in accordance with 29 CFR 1601.28. [FR Doc. 2024-02764 Filed 2-13-24; 8:45 am]

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