Procedural Regulations Under Title VII, ADA, and GINA; Procedures-Age Discrimination in Employment Act
| Published date | 15 October 2020 |
| Citation | 85 FR 65214 |
| Record Number | 2020-21070 |
| Section | Rules and Regulations |
| Court | Equal Employment Opportunity Commission |
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70
5 U.S.C. 601–612.
71
13 CFR 121.101.
72
Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.,
Regulations Preambles 1986–1990 ¶30,783 (1987).
73
18 CFR 380.4(a)(2)(ii).
IV. Regulatory Flexibility Act
Certification
47. The Regulatory Flexibility Act of
1980 (RFA)
70
generally requires a
description and analysis of rulemakings
that will have significant economic
impact on a substantial number of small
entities. The RFA mandates
consideration of regulatory alternatives
that accomplish the stated objectives of
a rule and that minimize any significant
economic impact on a substantial
number of small entities. The Small
Business Administration’s Office of Size
Standards develops the numerical
definition of a small business.
71
The
Small Business Administration has
established size standards, for the types
of affected entities (noted in the table
above), that range from a maximum of
250–1,000 employees for an entity and
its affiliates to be considered small.
48. The Commission estimates the
total industry reduction in burden for
all entities (large and small) to be
42,907.44 hours (or approximately 18
hours (rounded) per response). The
Commission believes that this will
reduce burden and cost for all affected
entities.
49. Based on the information above,
the Commission certifies that the
reductions will not have a significant
impact on a substantial number of small
entities. Accordingly, no initial
regulatory flexibility analysis is
required.
V. Environmental Analysis
50. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.
72
The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment. Included in the exclusion
are rules that are clarifying, corrective,
or procedural or that do not
substantially change the effect of the
regulations being amended.
73
The
actions approved here fall within this
categorical exclusion in the
Commission’s regulations.
VI. Document Availability
51. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (http://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE,
Room 2A, Washington, DC 20426.
52. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
53. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional
Notification
54. This final rule is effective
December 14, 2020. The Commission
has determined, with the concurrence of
the Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This final rule is
being submitted to the Senate, House,
and Government Accountability Office.
By direction of the Commission.
Issued: September 17, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
Note: the following Appendix will not
appear in the Code of Federal Regulations.
Appendix
Commenters
Abbreviation Commenter
NERC .................................................................. North American Electric Reliability Corporation.
Trade Associations ............................................. American Public Power Association, Edison Electric Institute, Large Public Power Council, Na-
tional Rural Electric Cooperative Association, Transmission Policy Study Group.
Bonneville ........................................................... Bonneville Power Administration.
WAPA ................................................................. Western Area Power Administration.
Appelbaum .......................................................... Jonathan Appelbaum.
[FR Doc. 2020–20972 Filed 10–14–20; 8:45 am]
BILLING CODE 6717–01–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Parts 1601 and 1626
RIN 3046–AB07
Procedural Regulations Under Title VII,
ADA, and GINA; Procedures—Age
Discrimination in Employment Act
AGENCY
: Equal Employment
Opportunity Commission.
ACTION
: Final rule.
SUMMARY
: The Equal Employment
Opportunity Commission (EEOC or
Commission) is amending its procedural
regulations to explicitly provide for
digital transmissions of documents, to
clarify the process for deferral to state
and local agencies, to update no cause
determination procedures, and to
correct typographical and textual errors.
DATES
: This final rule is effective on
November 16, 2020.
FOR FURTHER INFORMATION CONTACT
:
Kathleen Oram, Assistant Legal
Counsel, (202) 663–4681 (voice) or
kathleen.oram@eeoc.gov; Erin Norris,
Senior Attorney, Office of Legal
Counsel, (980) 296–1286 or erin.norris@
eeoc.gov.
SUPPLEMENTARY INFORMATION
: On
February 22, 2019 (84 FR 5624), the
Equal Employment Opportunity
Commission (EEOC) published a notice
of proposed rulemaking (NPRM) in the
Federal Register seeking public
comment on proposed revisions to the
EEOC’s procedural regulations for
charges of employment discrimination.
The revisions are intended to serve
several purposes: First, they recognize
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See 42 U.S.C. 2000e–8(e).
2
See 44 U.S.C. 3541, et seq.
the increased reliance upon technology
by the EEOC and its stakeholders by
explicitly providing for digital
transmission of documents; second,
they clarify procedures for deferral to
state fair employment practices agencies
in particular circumstances to alleviate
confusion regarding filing deadlines;
and third, they streamline the process
for issuing dismissals of charges by
providing for delegation of the authority
to issue such dismissals, as well as
clarifying the import of the dismissal
determinations. The revisions also serve
to correct errors and update
terminology. Public comments were due
in response to the NPRM on or before
April 23, 2019.
The EEOC received 19 comments in
response to the NPRM from individuals,
stakeholder groups, and a union. The
comments are available for review at the
Federal eRulemaking Portal at http://
www.regulations.gov. Some comments
expressed general support for the
proposed revisions. Others offered
specific feedback on one or more of the
proposed regulatory changes or
suggested further revisions. A few were
off-topic. Upon review and
consideration of the comments, the
EEOC has made some revisions to what
was proposed and/or discussed in the
NPRM, as discussed below.
Digital Submissions of Charge
Documents
The revisions to the EEOC’s
procedural regulations are not creating a
new system of digital transmission of
charge-related documents. The system is
already operational and is
representative of the Commission’s
commitment to expanding its use of
technology and improving its service to
the public. This digital charge system
was piloted in 2015, initially allowing
respondents to submit certain
documents and communicate with the
EEOC through the online system. Since
that time, additional functionality was
gradually included in the digital system,
through which parties are now able to
communicate with the agency and
submit documents. In November 2019,
the EEOC was awarded $4.4 million by
the government’s Technology
Modernization Fund to further
modernize the agency’s charge and case
management system.
Several commenters expressed
support for the revisions explicitly
providing for digital submission of
charge documents, noting benefits
including ease of access, ease of
communication, increased efficiency,
and reduction of paper. Another
commenter noted that the revisions
merely update the regulations to reflect
the EEOC’s current practice with respect
to digital exchange of documents. While
the remaining commenters also
generally supported the use of digital
technology, they expressed some
concerns about implementation of the
system and how it works in practice. A
few of those concerns are addressed
below.
Commenters raised concerns about
the confidentiality and/or data security
of the information transmitted to the
EEOC through digital means. One
commenter questioned the manner in
which the EEOC may use such
information, and another stressed the
need for information received digitally
to be kept confidential and protected
from breach. The EEOC is committed to
preserving the confidentiality of charge-
related information, and is bound by the
strict confidentiality requirements of
Title VII of the Civil Rights Act of 1964
(Title VII), which make it unlawful for
Commission employees to make public
any charge-related information prior to
the institution of a lawsuit involving the
information.
1
Further, the EEOC ensures
that its data security practices are in
compliance with the Federal
Information Security Modernization
Act.
2
Information received through
digital means in connection with an
investigation of a charge of
discrimination gets the same stringent
confidentiality protections as does
paper-based information, and the EEOC
will continue to ensure that its digital
charge system meets all federal data
security standards.
The EEOC received a comment
requesting information on whether the
EEOC maintains records of when
documents housed in the digital charge
system are transmitted or accessed by
the parties or EEOC staff. Documents are
not transmitted via email. A charging
party will receive an email notifying
him or her that an important document
is available in the digital charge system,
and the charging party must access the
system using his or her unique login
information to retrieve that document.
The system maintains a record of when
a document is accessed, and the EEOC
is able to identify whether a charging
party has downloaded a particular
document. If a charging party or
respondent does not log in and access
critical documents, such as notice of the
charge within a reasonable period of
time, the EEOC will mail a hard copy of
the notice to the parties.
In response to a concern that not all
charging parties have access to the
technology necessary to avail
themselves of the digital charge system,
or that the access they may have is
limited to resources available at libraries
or other public spaces, the agency notes
that use of the digital charge system by
charging parties is not compulsory.
While the EEOC encourages parties to
take advantage of the benefits of a
digital charge system, we recognize that
some may not be able to use a digital
system. Potential charging parties may
continue to file charges through the mail
or in person at an EEOC office, even
though the online system is the
preferred and primary method for
charge filing.
This final rule makes no changes to
the above practice itself, but amends
portions of the EEOC’s regulations in
parts 1601 and 1626 to account for the
practice by explicitly providing for
digital transmission of charge-related
documents.
Clarity of the Communication Closing
an Investigation and Delegation
The EEOC amends §§ 1601.18(a) and
1601.19(a) to serve two purposes: (1) To
more clearly communicate to charging
parties and respondents the import of
the EEOC’s decision to close a charge
investigation; and (2) to bring greater
efficiencies to charge closures by
permitting further delegation. The
agency received comments on both
points.
Clarity of Communication
The EEOC received positive feedback
on the proposed clarifications to the
regulatory language on dismissals.
Therefore, this final rule amends
§ 1601.18(a) to add language clearly
communicating that a dismissal
includes notice of the charging party’s
statutory right to file a lawsuit. This
final rule also amends § 1601.19(a) to
add language clarifying the meaning and
import of the EEOC’s issuance of a ‘‘no
cause’’ determination that such a
dismissal does not mean the claims
have no merit.
To be clear, the regulation at
§ 1601.19 is titled: No cause
determinations: Procedure and
authority. The regulation at § 1601.19(a)
refers to the Commission issuing a
‘‘letter of determination’’ after the
Commission has found ‘‘that there is not
reasonable cause to believe that an
unlawful employment practice has
occurred or is occurring . . . .’’.
Further, the regulation provides that the
letter of determination ‘‘shall inform the
person claiming to be aggrieved . . . of
the right to sue in Federal district court
within 90 days of receipt of the letter of
determination. To effectuate this ‘‘letter
of determination’’ the EEOC uses a
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See EEOC Compliance Manual Section II,
Threshold Issues Sec. 2–V.B. and FN 226.
Threshold Issues is available at https://
www.eeoc.gov/policy/docs/threshold.html#2-V-B.
document called the ‘‘Dismissal and
Notice of Rights,’’ also informally
known as a Notice of Right to Sue. The
complete language of the Dismissal and
Notice of Rights document is not part of
the regulation at § 1601.19(a).
The current Dismissal and Notice of
Rights document contains the following
reason (among others) for dismissal:
‘‘The EEOC issues the following
determination: Based upon its
investigation, the EEOC is unable to
conclude that the information obtained
establishes violations of the statutes.
This does not certify that the respondent
is in compliance with the statutes. No
finding is made as to any other issues
that might be construed as having been
raised by this charge.’’
In common parlance, this reason for
closure of an investigation is referred to
as a ‘‘no cause determination.’’
In the NPRM, in addition to the
amendment of the regulation at
§ 1601.19(a), the EEOC specifically
sought comment on a proposed change
to the above language of the Notice. The
EEOC proposed to revise the reason for
dismissal in the Notice as follows:
‘‘The EEOC issues the following
determination: Based on its
investigation, the EEOC has sufficient
information to conclude that further
investigation is not likely to result in a
cause finding. This does not certify that
the respondent is in compliance with
the statutes. The EEOC makes no
finding as to the merits of any issues
that might be construed as having been
raised by this charge.’’
Several commenters criticized the
current and proposed language that said
‘‘Based on its investigation’’ as
‘‘misleading’’ given the wide variation
in the extent of EEOC investigations
prior to closure. Others criticized the
statement that the EEOC ‘‘has sufficient
information’’ and asserted that many
investigations are closed based only on
review of a charge. One commenter
noted that the proposed changes would
cause charging parties not to seek legal
assistance because of the EEOC’s
conclusion that further investigation
would be futile. Commenters
recommended clearer language to
communicate that the EEOC had
decided not to proceed further with its
investigation and was dismissing the
charge without commenting on the
merits of the charge or on what further
investigation could reveal. One
commenter favored the proposed
language, viewing it as clarification that
the dismissal does not mean that the
Commission has made a determination
in favor of the employer.
The EEOC appreciates these
thoughtful comments and has decided
to revise its Dismissal and Notice of
Rights to address these concerns. The
revised notice will say:
‘‘The EEOC issues the following
determination: The EEOC will not
proceed further with its investigation,
and makes no determination about
whether further investigation would
establish violations of the statute. This
does not mean the claims have no merit.
This determination does not certify that
the respondent is in compliance with
the statutes. The EEOC makes no
finding as to the merits of any other
issues that might be construed as having
been raised by this charge.’’
These revisions make the language of
the Dismissal and Notice of Rights
consistent with the amendment to
§ 1601.19(a). These revisions to the rule
and the Dismissal and Notice of Rights
are intended to ensure that charging
parties, respondents, and courts
understand that even after the EEOC has
decided not to proceed further with its
investigation, private proceedings or
litigation may lead to court findings of
discrimination or settlements for the
charging parties.
Following the publication of this rule,
the EEOC’s Office of Field Programs will
implement the changes to the Dismissal
and Notice of Rights.
Delegation of Authority To Issue
‘‘Dismissal and Notice of Rights’’
The EEOC received several comments
expressing concern or seeking
clarification as to what EEOC employees
could serve as designees under the new
delegation authority for issuance of the
‘‘Dismissal and Notice of Rights.’’
Commenters suggested that allowing
investigators to issue Dismissal notices
may eliminate independent review of a
charge by more senior officials. The
EEOC is mindful of this concern and
will maintain internal controls to ensure
that EEOC personnel selected as
designees for this purpose have the
requisite experience to perform this
function. Following publication of this
rule, the EEOC’s Office of Field
Programs expects to issue guidance to
the field offices on this issue.
Miscellaneous Updates
Two commenters questioned the
revisions proposed in section 1626.8,
asking for an explanation of the
rationale behind the changes. The EEOC
notes that the changes, which describe
the required contents for a charge to be
made on behalf of another person
provide that the aggrieved individual on
whose behalf the charge is made may
request that his or her identity remain
confidential, do not deviate from
established Commission policy. Section
1626.3 of the EEOC’s regulations have
expressly defined ‘‘charge’’ to include a
statement filed with the EEOC ‘‘on
behalf of an aggrieved person’’ since
that section of the regulations were
originally adopted in 1983. Section 2–
V.B. of the Threshold Issues section of
the EEOC’s Compliance Manual also
notes that charges under the statutes the
EEOC enforces, including the ADEA,
may be made on behalf of another
person, which allows the aggrieved
individual to remain anonymous while
the EEOC is investigating the charge.
3
The revisions to section 1626.8 are
meant to reflect this longstanding policy
and to make the EEOC’s procedural
regulations in parts 1601 and 1626
consistent with each other.
While no changes were made to the
proposed revisions based upon the
public comments received in response
to the NPRM, the final rule does reflect
a few additional corrections, minor
wording changes, and terminology
updates that do not affect the
substantive requirements of the
regulation. These changes are located in
the following sections: § 1601.3(a) and
(b) Other definitions; § 1601.8 Where to
make a charge; § 1601.16(b)(1) Access to
and production of evidence; testimony
of witnesses; procedure and authority;
§ 1601.18(b) Dismissal: Procedure and
authority; § 1601.19(b) No cause
determinations: Procedure and
authority; § 1601.20(a) Negotiated
settlement; § 1601.21(b) and (d)
Reasonable cause determination:
Procedure and authority; § 1601.24(b)
Conciliation: Procedure and authority;
§ 1601.28(d) Notice of right to sue:
Procedure and authority; § 1601.30(a)
Notices to be posted; § 1601.70(b) and
(e) FEP agency qualifications;
§ 1601.71(c) FEP agency notification;
§ 1601.75(b)(2) Certification of
designated FEP agencies; § 1601.92
Contents of request; where to file;
§ 1626.5 Where to submit complaints
and charges; § 1626.20(a) and (c)
Procedure for requesting an opinion
letter; and § 1626.21 Effect of opinions
and interpretations of the Commission.
Regulatory Procedures
Executive Orders 12866 and 13771
This is not a ‘‘significant regulatory
action’’ within the meaning of section 3
of Executive Order 12866. This
proposed rule is also not subject to
Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Cost. Pursuant to guidance issued by the
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Office of Management and Budget’s
Office of Information and Regulatory
Affairs (April 5, 2017), an ‘‘E.O. 13771
regulatory action’’ is defined as ‘‘[a]
significant regulatory action as defined
in Section 3(f) of E.O. 12866 . . . .’’
Paperwork Reduction Act
This regulation contains no new
information collection requirements
subject to review by the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Regulatory Flexibility Act
The Commission certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities
because it primarily affects the EEOC.
To the extent that it affects small
entities by allowing for electronic
transmission of documents, it will save
resources of those entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
This action concerns agency
organization, procedure, or practice that
does not substantially affect the rights or
obligations of non-agency parties and,
accordingly, is not a ‘‘rule’’ as that term
is used by the Congressional Review Act
(Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA)). Therefore, the
reporting requirement of 5 U.S.C. 801
does not apply.
List of Subjects in 29 CFR Parts 1601
and 1626
Administrative practice and
procedure, Equal Employment
Opportunity.
For the Commission.
Janet Dhillon,
Chair.
Accordingly, for the reasons set forth
in the preamble, the Equal Employment
Opportunity Commission amends 29
CFR parts 1601 and 1626 as follows:
PART 1601—PROCEDURAL
REGULATIONS
■1. The authority citation for part 1601
continues to read as follows:
Authority: 42 U.S.C. 2000e to 2000e–17; 42
U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to
2000ff–11.
■2. Amend § 1601.2 by revising the
second sentence to read as follows:
§ 1601.2 Terms defined in title VII of the
Civil Rights Act, the Americans with
Disabilities Act, and the Genetic Information
Nondiscrimination Act.
* * * The term disability shall have
the meaning set forth in section 3 of the
Americans with Disabilities Act, as
amended. * * *
■3. Amend § 1601.3
■a. In paragraph (a) by removing the
words ‘‘term Commission’’ and adding
in their place ‘‘terms EEOC or
Commission’’ and by removing the
words ‘‘and surrounding Maryland’’;
■b. By redesignating paragraph (b) as
paragraph (c); and
■c. By adding a new paragraph (b).
The addition reads as follows:
§ 1601.3 Other definitions.
* * * * *
(b) For the purposes of this part, the
terms file, serve, submit, receive,
transmit, present, send, issue, and notify
shall include all forms of digital
transmission.
* * * * *
■4. Revise § 1601.4 to read as follows:
§ 1601.4 Vice Chair’s functions.
The member of the Commission
designated by the President to serve as
Vice Chair shall act as Chair in the
absence or incapacity of the Chair or in
the event of a vacancy in that office.
■5. Amend § 1601.5 by revising the
section heading and the sixth and eighth
sentences to read as follows:
§ 1601.5 District; field; area; local
authority.
* * * The term ‘‘field director’’ shall
refer to that person designated as the
Commission’s chief officer in each field
office. * * * The term ‘‘area director’’
shall refer to that person designated as
the Commission’s chief officer in each
area office. * * *
■6. Amend § 1601.7 by revising the
fourth sentence of paragraph (a) and
revising paragraph (b) to read as follows:
§ 1601.7 Charges by or on behalf of
persons claiming to be aggrieved.
(a) * * * The person making the
charge, however, must provide the
Commission with the name and contact
information of the person on whose
behalf the charge is made. * * *
(b) The person claiming to be
aggrieved has the responsibility to
provide the Commission with notice of
any change in contact information so
that the Commission may communicate
with him or her during the
Commission’s consideration of the
charge.
■7. Revise § 1601.8 to read as follows:
§ 1601.8 Where to make a charge.
A charge may be made using the
EEOC’s designated digital systems, in
person, by facsimile, or by mail to any
EEOC office or to any designated
representative of the Commission. The
addresses of the EEOC’s offices appear
at www.eeoc.gov.
■8. Amend § 1601.12 by revising
paragraphs (a)(1) and (2) to read as
follows:
§ 1601.12 Contents of charge; amendment
of charge.
(a) * * *
(1) The full name and contact
information of the person making the
charge except as provided in § 1601.7;
(2) The full name and contact
information of the person against whom
the charge is made, if known
(hereinafter referred to as the
respondent);
* * * * *
■9. Amend § 1601.13:
■a. By revising paragraphs (a)(2), (a)(3)
introductory text, (a)(4) introductory
text, and (a)(4)(i)(A) and (B);
■b. In the second sentence of paragraph
(a)(4)(ii)(B) by removing the word
‘‘filing’’ and adding in its place the
word ‘‘filed’’; and
■c. In paragraph (b)(2)(iii) by removing
the word ‘‘certified’’ and adding in its
place the word ‘‘registered’’.
The revisions read as follows:
§ 1601.13 Filing; deferrals to State and
local agencies.
(a) * * *
(2) A jurisdiction having a FEP agency
without jurisdiction over the statutory
basis alleged in the charge (e.g., an
agency that does not have enforcement
authority over sex discrimination) is
equivalent to a jurisdiction having no
FEP agency. Charges over which a FEP
agency has no jurisdiction over the
statutory basis alleged are filed with the
Commission upon receipt and are
timely filed if received by the
Commission within 180 days from the
date of the alleged violation.
(3) Charges arising in jurisdictions
having a FEP agency with jurisdiction
over the statutory basis alleged in the
charge are to be processed in accordance
with the Commission’s deferral policy
set in paragraphs (a)(3)(i) through (iii)
and the procedures in paragraph (a)(4)
of this section.
* * * * *
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(4) The following procedures shall be
followed with respect to charges which
arise in jurisdictions having a FEP
agency with jurisdiction over the
statutory basis alleged in the charge:
(i) * * *
(A) The document shall reflect the
date and time it was received by the
EEOC.
(B) The original document shall be
transmitted by registered mail, return
receipt requested, to the appropriate
FEP agency, or by any other means
acceptable to the FEP agency. State or
local proceedings are deemed to have
commenced on the date such document
is transmitted.
* * * * *
■10. Amend § 1601.14 by revising the
first two sentences of paragraph (a) to
read as follows:
§ 1601.14 Service of charge or notice of
charge.
(a) Within ten days after the filing of
a charge in the appropriate Commission
office, the Commission shall serve
respondent the charge by digital
transmission, by mail, or in person,
except when it is determined that
providing the charge would impede the
law enforcement functions of the
Commission. Where the charge is not
provided, the respondent will be served
with a notice of the charge within ten
days after the filing of the charge. * * *
* * * * *
■11. Amend § 1601.16:
■a. By revising paragraph (b)(1); and
■b. In paragraph (d) by removing the
word ‘‘Council’’ wherever it appears
and adding in its place the word
‘‘Counsel’’.
The revision reads as follows:
§ 1601.16 Access to and production of
evidence; testimony of witnesses;
procedure and authority.
* * * * *
(b)(1) Any person served with a
district director-issued subpoena who
intends not to comply shall petition the
issuing director to seek its revocation or
modification. Any person served with a
Commissioner-issued subpoena who
intends not to comply shall petition the
General Counsel to seek its revocation
or modification. Petitions must be
transmitted digitally or mailed to the
issuing director at the address stated on
the subpoena (or, if the subpoena was
issued by a Commissioner, to the
General Counsel) within five days
(excluding Saturdays, Sundays, and
Federal legal holidays) after service of
the subpoena. Petitions to the General
Counsel pertaining to subpoenas issued
by a Commissioner may be transmitted
digitally or mailed to 131 M Street NE,
Washington, DC 20507 and a copy of the
petition shall also be served upon the
issuing Commissioner.
* * * * *
■12. Amend § 1601.18:
■a. In the first sentence of paragraph (b)
by removing ‘‘§ 1601.28(b)(2)’’ and
adding in its place ‘‘§ 1601.28(b)(3)(ii)’’;
■b. By adding a sentence after the first
sentence in paragraph (b); and
■c. In the second sentence of paragraph
(c) by adding ‘‘, or their designees,’’ after
‘‘Local Directors’’.
The addition reads as follows:
§ 1601.18 Dismissal: Procedure and
authority.
* * * * *
(b) * * * The dismissal shall include
a notice of rights informing the person
claiming to be aggrieved or the person
on whose behalf a charge was filed of
the right to sue in Federal district court
within 90 days of receipt of the
determination. * * *
* * * * *
■13. Revise § 1601.19 to read as
follows:
§ 1601.19 No cause determinations:
Procedure and authority.
(a) Where the Commission completes
its investigation of a charge and finds
that there is not reasonable cause to
believe that an unlawful employment
practice has occurred or is occurring as
to all issues addressed in the
determination, the Commission shall
issue a determination to all parties to
the charge indicating the finding. This
determination does not mean the claims
in the charge have no merit. The
Commission’s determination shall be
the final determination of the
Commission, unless a final
determination of no reasonable cause is
vacated pursuant to § 1601.19(b). The
determination shall inform the person
claiming to be aggrieved or the person
on whose behalf a charge was filed of
the right to sue in Federal district court
within 90 days of receipt of the
determination. The Commission hereby
delegates authority to the Director of the
Office of Field Programs, or upon
delegation to the Director of Field
Management Programs, and District
Directors or upon delegation to Field
Directors, Area Directors, or Local
Directors, or their designees, except in
those cases involving issues currently
designated by the Commission for
priority review, to issue no cause
determinations.
(b) The Commission may on its own
initiative reconsider a final
determination of no reasonable cause
and a director of the issuing office may,
on his or her own initiative, reconsider
a final determination of no reasonable
cause. If the Commission or the director
of the issuing office decides to
reconsider a final no cause
determination, a notice of intent to
reconsider shall promptly issue to all
parties to the charge. If such notice of
intent to reconsider is issued within 90
days of receipt of the final no cause
determination, and the person claiming
to be aggrieved or the person on whose
behalf a charge was filed has not filed
suit and did not request and receive a
notice of right to sue pursuant to
§ 1601.28(a)(1) or (2), the notice of
intent to reconsider shall vacate the
determination and shall revoke the
charging party’s right to bring suit
within 90 days. If the 90-day suit period
has expired, the charging party has filed
suit, or the charging party has requested
a notice of right to sue pursuant to
§ 1601.28(a)(1) or (2), the notice of
intent to reconsider shall vacate the
determination but shall not revoke the
charging party’s right to sue within 90
days. After reconsideration, the
Commission or a director of the issuing
office shall issue a new determination.
In those circumstances where the
charging party’s right to bring suit
within 90 days was revoked, the
determination shall include notice that
a new 90-day suit period shall begin
upon the charging party’s receipt of the
determination. Where a member of the
Commission has filed a Commissioner
charge, he or she shall abstain from
making a determination in that case.
§ 1601.20 [Amended]
■14. Amend § 1601.20 by removing the
word ‘‘theother’’ in paragraph (a) and
adding in its place the words ‘‘the
other’’.
§ 1601.21 [Amended]
■15. Amend § 1601.21:
■a. In paragraph (b) introductory text
by removing the word ‘‘Except’’ and
adding in its place the word ‘‘except’’;
■b. In the third sentence of paragraph
(b)(1) by removing the words ‘‘had
requested’’ and adding in their place the
words ‘‘has requested’’;
■c. In paragraph (b)(1) by removing the
words ‘‘90 day period’’ and adding in
their place the words ‘‘90-day period’’;
■d. In paragraph (d) introductory text
by removing the words ‘‘a copy of the
determination’’ and adding in their
place the words ‘‘the determination’’;
and
■e. In paragraph (d)(1) by removing the
words ‘‘90 day period’’ and adding in
their place the words ‘‘90-day period’’
and by removing the words ‘‘had
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received’’ and adding in their place the
words ‘‘has received’’.
§ 1601.24 [Amended]
■16. Amend § 1601.24 by removing the
word ‘‘processings’’ in paragraph (b)
and adding in its place the word
‘‘proceedings’’.
■17. Amend section 1601.28:
■a. By removing footnote 1 from
paragraph (c);
■b. In the paragraph (d) subject heading
by removing the words ‘‘right-of-sue’’
and adding in their place the words
‘‘right to sue’’ and in paragraph (d)
introductory text by removing the word
‘‘subivision’’ and adding in its place the
word ‘‘subdivision’’; and
■c. By revising paragraph (e)(3).
The revision reads as follows:
§ 1601.28 Notice of right to sue: Procedure
and authority.
* * * * *
(e) * * *
(3) The charge;
* * * * *
§ 1601.30 [Amended]
■18. Amend § 1601.30 by removing the
word ‘‘cusomarily’’ in paragraph (a) and
adding in its place the word
‘‘customarily.’’
■19. Amend § 1601.70:
■a. By revising paragraph (a)(1); and
■b. In paragraphs (b) and (e) by
removing the word ‘‘Chairman’’ and
adding in its place the word ‘‘Chair’’.
§ 1601.70 FEP agency qualifications.
(a) * * *
(1) That the state or political
subdivision has a fair employment
practice law which makes unlawful
employment practices based upon race,
color, religion, sex, national origin,
disability, or genetic information; and
* * * * *
§ 1601.71 [Amended]
■20. Amend § 1601.71 by removing the
word ‘‘Chairman’’ wherever it appears
in paragraph (c) and adding in its place
the word ‘‘Chair’’.
■21. Amend § 1601.75:
■a. By revising paragraph (b)(2); and
■b. In paragraph (c) by removing the
word ‘‘cetification’’ and adding in its
place the word ‘‘certification’’.
The revision reads as follows:
§ 1601.75 Certification of designated FEP
agencies.
* * * * *
(b) * * *
(2) That the State or local designated
FEP agency’s work product has been
evaluated within the past 12 months by
State, Local, and Tribal Programs, Office
of Field Programs, and found to be in
conformance with the Commission’s
Substantial Weight Review Procedures;
and
* * * * *
§ 1601.76 [Amended]
■22. Amend § 1601.76 by removing the
words ‘‘(EEOC Order 916)’’.
§ 1601.78 [Amended]
■23. Amend § 1601.78 in the
introductory text by removing the words
‘‘(EEOC Order 916)’’.
§ 1601.92 [Amended]
■24. Amend § 1601.92 in the
introductory text by removing the word
‘‘Chairman’’ and adding in its place the
word ‘‘Chair’’.
PART 1626—PROCEDURES—AGE
DISCRIMINATION IN EMPLOYMENT
ACT
■25. The authority citation for part
1626 continues to read as follows:
Authority: Sec. 9, 81 Stat. 605, 29 U.S.C.
628; sec. 2, Reorg. Plan No. 1 of 1978, 3 CFR
1978 Comp., p. 321.
■26. Amend § 1626.3:
■a. By designating the text as paragraph
(a);
■b. In newly designated paragraph (a)
by removing the words ‘‘For purpose of
this part’’ and adding in their place the
words ‘‘For the purposes of this part’’
and by removing the words ‘‘the
Commission’’ and adding in their place
the words ‘‘EEOC or Commission’’; and
■c. By adding paragraph (b).
The addition reads as follows:
§ 1626.3 Other definitions.
* * * * *
(b) For the purposes of this part, the
terms file, serve, submit, receive,
transmit, present, send, issue, and notify
shall include all forms of digital
transmission.
■27. Revise § 1626.5 to read as follows:
§ 1626.5 Where to submit complaints and
charges.
Complaints and charges may be made
through the EEOC’s designated digital
systems, in person, by telephone, by
facsimile, or by mail to any EEOC office
or any designated representative of the
Commission. The current addresses of
the EEOC’s offices appear at
www.eeoc.gov.
■28. Amend § 1626.7 by redesignating
paragraphs (b)(1) through (3) as
paragraphs (b)(2) through (4) and adding
a new paragraph (b)(1) to read as
follows:
§ 1626.7 Timeliness of charge.
* * * * *
(b) * * *
(1) Charges filed digitally: Date of
transmission;
* * * * *
■29. Amend § 1626.8 by revising
paragraphs (a)(1) and (2) and adding
paragraphs (d) and (e) to read as follows:
§ 1626.8 Contents of charge; amendment
of charge.
(a) * * *
(1) The full name and contact
information of the person making the
charge except as provided in § 1626.8(d)
below;
(2) The full name and contact
information of the person against whom
the charge is made, if known
(hereinafter referred to as the
respondent);
* * * * *
(d) A charge that any person has
engaged in or is engaging in an unlawful
employment practice within the
meaning of the ADEA may be made by
or on behalf of any person claiming to
be aggrieved. A charge on behalf of a
person claiming to be aggrieved may be
made by any person, agency, or
organization. The written charge need
not identify by name the person on
whose behalf it is made. The person
making the charge, however, must
provide the Commission with the name
and contact information of the person
on whose behalf the charge is made.
During the Commission investigation,
Commission personnel shall verify the
authorization of such charge by the
person on whose behalf the charge is
made. Any such person may request
that the Commission shall keep his or
her identity confidential. However, such
request for confidentiality shall not
prevent the Commission from disclosing
the identity to Federal, State or local
agencies that have agreed to keep such
information confidential. If this
condition is violated by a recipient
agency, the Commission may decline to
honor subsequent requests for such
information.
(e) The person claiming to be
aggrieved has the responsibility to
provide the Commission with notice of
a change in contact information so that
he or she can be contacted when
necessary during the Commission’s
consideration of the charge.
■30. Amend § 1626.15:
■a. By revising the last sentence of
paragraph (c); and
■b. In paragraph (e) by removing the
words ‘‘the Field Directors’’ and adding
in their place the words ‘‘Field
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Directors, Area Directors, and Local
Directors’’.
The revision reads as follows:
§ 1626.15 Commission enforcement.
* * * * *
(c) * * * The signed agreement shall
be sent to all the signatories thereto.
* * * * *
§ 1626.16 [Amended]
■31. Amend § 1626.16 by removing the
words ‘‘the Field Directors’’ in
paragraph (b) and adding in their place
the words ‘‘Field Directors, Area
Directors, and Local Directors’’.
§ 1626.17 [Amended]
■32. Amend § 1626.17 by removing the
words ‘‘Title VII or the Americans with
Disabilities Act (ADA),’’ in paragraph
(a)(2) and adding in their place the
words ‘‘title VII, the Americans with
Disabilities Act (ADA), or the Genetic
Information Nondiscrimination Act
(GINA)’’ and by removing the words
‘‘Title VII or the ADA’’ and adding in
their place the words ‘‘title VII, the
ADA, or GINA’’.
§ 1626.20 [Amended]
■33. Amend § 1626.20:
■a. In paragraph (a) introductory text by
removing the word ‘‘Chairman’’ and
adding in its place the word ‘‘Chair’’; an
■b. In paragraph (c) by removing
‘‘§ 1626.18’’ and adding in its place
‘‘§ 1626.21’’ and by removing
‘‘§ 1626.18(a)(1)’’ and adding in its place
‘‘§ 1626.21(a)(1)’’.
§ 1626.21 [Amended]
■34. Amend section 1626.21 by
removing ‘‘§ 1626.17’’ in paragraph (c)
and adding in its place ‘‘§ 1626.20’’.
[FR Doc. 2020–21070 Filed 10–14–20; 8:45 am]
BILLING CODE 6570–01–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
29 CFR Part 2200
Rules of Procedure
AGENCY
: Occupational Safety and Health
Review Commission.
ACTION
: Technical amendments.
SUMMARY
: This document makes
technical amendments to the final rule
published by the Occupational Safety
and Health Review Commission in the
Federal Register on April 10, 2019, and
corrected on August 30, 2019, and on
October 4, 2019. That rule revised the
procedural rules governing practice
before the Occupational Safety and
Health Review Commission.
DATES
: Effective on October 15, 2020.
FOR FURTHER INFORMATION CONTACT
: Ron
Bailey, Attorney-Advisor, Office of the
General Counsel, by telephone at (202)
606–5410, by email at rbailey@
oshrc.gov, or by mail at: 1120 20th
Street NW, Ninth Floor, Washington, DC
20036–3457.
SUPPLEMENTARY INFORMATION
: OSHRC
published revisions to its rules of
procedure in the Federal Register on
April 10, 2019 (84 FR 14554), and
published corrections on August 30,
2019 (84 FR 45654), and October 4, 2019
(84 FR 53052). This document makes
further technical amendments to the
final rule.
List of Subjects in 29 CFR Part 2200
Administrative practice and
procedure, Hearing and appeal
procedures.
Accordingly, 29 CFR part 2200 is
amended by making the following
technical amendments:
PART 2200—RULES OF PROCEDURE
■1. The authority citation for part 2200
continues to read as follows:
Authority: 29 U.S.C. 661(g), unless
otherwise noted.
Section 2200.96 is also issued under 28
U.S.C. 2112(a).
■2. Amend § 2200.7 by adding
paragraph (c)(5) and revising paragraphs
(o)(1) and (2) to read as follows:
§ 2200.7 Service, notice, and posting.
* * * * *
(c) * * *
(5) Non-E-Filed Documents.
Documents required to be served upon
other counsel or parties but that are not
filed with the Commission in the
Commission’s E-File System (such as
discovery documents served pursuant to
§ 2200.52(j)) may be served by any
means agreed to by all parties in
writing.
* * * * *
(o) * * *
(1) Service on parties and intervenors
using Commission’s E-File System.
Service of show cause orders shall be
deemed completed by service through
the Commission’s E-File System on a
representative who has entered an
appearance for a party or intervenor
under § 2200.23 or on a self-represented
party or intervenor who has not been
exempted from using the Commission’s
E-File System. See also § 2200.101(a).
(2) Service on self-represented parties
or intervenors exempted from using the
Commission’s E-File System. In addition
to the service methods permitted by
§ 2200.7(c), the Commission or the
Judge shall serve a show cause order on
a self-represented party or intervenor
who has been exempted from using the
Commission’s E-File System by certified
mail or by any other method (including
commercial delivery service) that
provides confirmation of delivery to the
addressee’s record address provided
under § 2200.6.
■3. Amend § 2200.8 by revising
paragraphs (c)(1) and (2) to read as
follows:
§ 2200.8 Filing.
* * * * *
(c) * * *
(1) Mandatory e-filing. All parties and
intervenors must file documents
electronically in the Commission’s E-
File System by following the
instructions on the Commission’s
website (www.oshrc.gov), unless a self-
represented party or intervenor is able
to claim that complying with this
paragraph will place an undue burden
upon that party or intervenor under
paragraph (c)(2) of this section or the
documents are exempt from e-filing
under paragraph (c)(5) of this section.
Documents may not be filed with the
Commission or the Judge via email.
(2) Undue burden. Self-represented
parties or intervenors may submit a
written statement to the Judge
requesting an exemption from the
mandatory e-filing requirement on the
grounds that it would place an undue
burden on them to comply with the
requirement. If the Judge grants an
exemption, exempted self-represented
parties or intervenors must file
documents by postage-prepaid first class
or higher class U.S. Mail, commercial
delivery service, personal delivery, or
facsimile transmission as described in
paragraph (d) of this section.
* * * * *
■4. Amend § 2200.100 by revising the
third sentence of paragraph (c) to read
as follows:
§ 2200.100 Settlement.
* * * * *
(c) * * * The parties shall also file a
draft order terminating the proceedings
for adoption by the Judge or, if the
Judge’s report has been issued, by the
Commission. * * *
James J. Sullivan, Jr.,
Chairman.
[FR Doc. 2020–21012 Filed 10–14–20; 8:45 am]
BILLING CODE 7600–01–P
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