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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. 

Statement of Need:

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.

Summary of the Legal Basis:

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.   

Alternatives:

The EEOC will consider all alternatives offered by public commenters.

Anticipated Costs and Benefits:

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.

Risks:

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