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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 of 1964; title I of the Americans with Disabilities Act of 1990; sections 501 and 505 of the Rehabilitation Act of 1973; title II of the Genetics Information Nondiscrimination Act of 2008; and the Age Discrimination in Employment Act of 1967.  The proposed guidelines explain how EEOC analyzes the common law agency standard for determining whether an entity and a worker are in an employment (i.e. employer-employee) relationship and whether two entities are joint employers for purposes of the federal EEO laws. 

Statement of Need:

EEOC last interpreted the issue of "employee" and "employer" status 20 years ago.  The proposed guidelines will clarify how EEOC applies the common law to determine when a worker and an entity are in an employment relationship covered under the specified federal EEO laws and whether two entities are joint employers.  The proposed guidelines will update and consolidate the EEOC's position on the topic and make it easier for the public to find by placing in a regulatory location. 

Summary of the Legal Basis:

Section 706 of Title VII of the Civil Rights Act of 1964 (Title VII) authorizes EEOC to enforce Title VII; section 107 of the Americans with Disabilities Act of 1990 (ADA) authorizes EEOC to enforce the ADA; section 505 of the Rehabilitation Act of 1973 (Rehabilitation Act) authorizes EEOC to enforce the Rehabilitation Act; section 207 of the Genetic Information Nondiscrimination Act of 2008 (GINA) authorizes EEOC to enforce GINA; and section 7 of the Age Discrimination in Employment Act of 1967 (ADEA) authorizes EEOC to enforce ADEA.  

Alternatives:

The EEOC will consider all alternatives offered by public commenters.

Anticipated Costs and Benefits:

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

Risks:

The proposed guidelines do not pose risks to the public health, safety, or to the environment.