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In July 2012, the Commission published a final rule containing 15 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. On February 6, 2015, the Commission issued an Advance Notice of Proposed Rulemaking (ANPRM) (80 FR 6669), that sought public input on additional issues associated with the Federal sector EEO process.  In 2019, the EEOC issued an NPRM to amend its rule on the use of official time by federal employees who represent others in the Federal sector EEO process, and to clarify that it does not apply to representatives who serve in an official capacity in a labor organization that is the exclusive representative of federal employees in an appropriate unit.  This change clarifies that whether official time is available to federal union representatives in an EEO complaint would be determined by the relevant federal labor relations statute and terms of applicable collective bargaining agreements, not the agency's EEO office. 

Statement of Need:

The rule will provide greater clarity to federal agencies and unions who represent federal employees on what aspects of official time need to be addressed during the collective bargaining process.

Summary of the Legal Basis:

Title VII of the Civil Rights Act of 1964 authorizes EEOC "to issue such rules, regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under ... section [717]." 42 U.S.C. 2000e-16(b).

Alternatives:

The EEOC will consider all alternatives offered by public commenters.

Anticipated Costs and Benefits:

The proposed rule change will not directly impose any costs or provide benefits because the rule leaves official time to the collective bargaining process.

Risks:

Any proposed revisions would not affect risks to the public health, safety, or the environment