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EEOC | RIN: 3046-AA92 | Publication ID: 2012 |
Title: ●Revisions to Procedures for Complaints/Charges of Employment Discrimination Based on Disability Filed Against Employers Holding Government Contracts or Subcontracts | |
Abstract: The EEOC has a joint regulation with the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) to coordinate the processing of disability-based employment discrimination complaints/charges filed against employers holding Government contracts or subcontracts, where the complaints/charges appear to state a claim under both section 503 of the Rehabilitation Act (Section 503) (requiring affirmative action and prohibiting disability-based employment discrimination by Federal Government contractors and subcontractors), and title I of the ADA (prohibiting disability-based employment discrimination by employers with 15 or more employees). This proposed rule would amend this joint regulation to revise the definition of certain terms and clarify the procedures for referring these complaints/charges between the agencies with responsibility for enforcing section 503 and title I of the ADA. These revisions would create consistency between this regulation and two other coordination regulations (29 CFR part 1640 and 29 CFR part 1691), as well as the recently revised Memorandum of Understanding between EEOC and OFCCP. This MOU addresses the investigation and processing of complaints or charges alleging employment discrimination that may fall within the jurisdiction of title VII of the Civil Rights Act of 1964, as amended and/or Executive Order 11246. | |
Agency: Equal Employment Opportunity Commission(EEOC) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 29 CFR 1641 | |
Legal Authority: 42 USC 12117(b) EO 12067 |
Legal Deadline:
None |
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Statement of Need: This regulation was identified as needing revision during a retrospective analysis of existing rules that took place in 2011 under Executive Order 13563. It is identified in EEOC's Final Plan for Retrospective Analysis of Existing Rules available at: http://www.eeoc.gov/laws/regulations/retro_review_plan_final.cfm |
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Alternatives: The EEOC will consider all alternatives offered by the public commenters. |
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Anticipated Costs and Benefits: These procedures govern the agencies' internal handling of complaints/charges of employment discrimination and do not impose any regulatory costs on employers or complainants/charging parties. The revised procedures, however, will provide a net benefit to stakeholders and the agencies by creating consistency between this coordination regulation and others. |
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Risks: The proposed changes do not affect risks to public health, safety, or the environment. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Related RINs: Related to 3046-AA91, Related to 3046-AA93 | Related Agencies: Joint: DOL/OFCCP, DOJ; |
Agency Contact: Corbett L. Anderson Assistant Legal Counsel, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE., Washington, DC 20507 Phone:202 663-4579 Fax:202 653-6034 Email: corbett.anderson@eeoc.gov Kerry Leibig Senior Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE, Washington, DC 20507 Phone:202 663-4516 Fax:202 653-6056 Email: kerry.leibig@eeoc.gov |