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EEOC RIN: 3046-AB35 Publication ID: Fall 2024 
Title: ●Amendments to the Regulations at 29 CFR Part 1602 To Extend Coverage of Recordkeeping Requirements to Include PWFA Charge-Related Records 
Abstract:

The EEOC proposes to revise its existing regulations containing its recordkeeping and reporting requirements to cover records related to Pregnant Workers Fairness Act (PWFA) charges. Section 104(a)(1) of the PWFA incorporates the powers, procedures, and remedies found in section 709 of Title VII. Section 709(c) of Title VII, by incorporation into the PWFA, authorizes the Commission to establish regulations pursuant to which employers subject to the PWFA shall preserve certain records to assist the EEOC in assuring compliance with the PWFA’s nondiscrimination in employment requirements. The EEOC has issued recordkeeping regulations setting out recordkeeping requirements for private employers (29 CFR 1602.14); employers, labor organizations, and joint labor-management committees that control apprenticeship programs (29 CFR 1602.21(b)); labor organizations (29 CFR 1602.28(a)); state and local governments (29 CFR 1602.31); elementary and secondary school systems or districts (29 CFR 1602.40); and institutions of higher education (29 CFR 1602.49(a)). These regulations do not require the creation of any records, but merely require all covered entities to maintain all employment and personnel records they make or keep in the regular course of business for a period of one year and all records relevant to a Title VII, ADA, or GINA charge until the charge is resolved. This proposed rule would extend these same recordkeeping requirements to records relevant to a PWFA charge.

 
Agency: Equal Employment Opportunity Commission(EEOC)  Priority: Substantive, Nonsignificant 
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 1602   
Legal Authority: 42 U.S.C. 2000e-8    42 U.S.C. 2000e-12    44 U.S.C. 3501 et seq.    42 U.S.C. 12117    42 U.S.C. 2000ff-6    42 U.S.C. 2000gg-2   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/21/2024  89 FR 92076   
NPRM Comment Period End  01/21/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Kathleen Oram
Assistant Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE,
Washington, DC 20507
Phone:202 921-3240
Email: kathleen.oram@eeoc.gov