3046-AB16 201910 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 3046 Equal Employment Opportunity Commission EEOC Joint Employer Status Under the Federal Equal Employment Opportunity Statutes

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination laws (the federal EEO laws) including title VII of the Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, sections 501 and 505 of the Rehabilitation Act, title I of the Americans with Disabilities Act, and title II of the Genetics Information Nondiscrimination Act.  These amendments explain the EEOC's interpretation of when an entity qualifies as a joint employer based on the definitions of the statutory terms "employee" and/or "employer" under the federal EEO laws. 

]]> Other Significant First Time Published in The Unified Agenda Proposed Rule Stage No No Other 29 CFR 1601.3 29 CFR 1620.8 29 CFR 1625.1 29 CFR 1630.2 29 CFR 1635.2 42 U.S.C. 2000e to 2000e-17 29 U.S.C. 621 to 634 42 U.S.C. 12101 to 12117 42 U.S.C. 2000ff to 2000ff-11 sec. 1-19, 52 Stat.1060, as amended, sec.10, 61 Stat. 84 Pub. L. 88-38, 77 Stat. 56 (29 U.S.C. 201 et seq.) sec. 1, Reorg Plan No. 1 of 1978, 43 FR 19807 E.O. 12144, 44 FR 37193 ... Yes

The proposed amendment will clarify when an entity is covered under the federal EEO laws as a joint employer, and consolidate the EEOC's position on the topic to regulatory locations that are easier for the public to find.

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Section 9 of the Age Discrimination in Employment Act of 1967 authorizes the EEOC to issue "rules and regulations as it may consider necessary or appropriate"; section 106 of the Americans with Disabilities Act of 1990 authorizes the EEOC to issue regulations under title I of the statute; section 211 of the Genetic Information Nondiscrimination Act of 2008 authorizes the EEOC to issue regulations under title II of that statute; section 706 of title VII of the Civil Rights Act of 1964 empowers the EEOC to enforce that subchapter; Reorganization Plan 1 of 1978 assigns to the EEOC the responsibility of administering the Equal Pay Act of 1963.   

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The EEOC will consider all alternatives offered by public commenters.

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The clarification of joint employer status will not impose any regulatory costs on employers or charging parties.  The amendment, however, will provide a net benefit to stakeholders by clarifying when an entity is covered under federal EEO law because of its status as a joint employer.

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The proposed amendment does not pose risks to the public health, safety, or to the environment.

]]> NPRM 12/00/2019 NPRM Comment Period End 02/00/2020 No Businesses Governmental Jurisdictions Organizations Federal Local State No No www.eeoc.gov www.regulations.gov No No Christopher Kuczynski Assistant Legal Counsel, Office of Legal Counsel 3046 202 663-4665 202 663-7026 202 653-6034 christopher.kuczynski@eeoc.gov 131 M Street NE, Washington DC 20507 Errnest Haffner Senior Attorney Advisor 3046 202 663-4644 202 653-6056 ernest.haffner@eeoc.gov 131 M Street NE, Washington DC 20507