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EEOC Status Report on Retrospective Regulatory Review - December 2012

Agency RIN/OMB Control No. Title Brief Description Anticipated Benefits, Cost Savings and/or Reduction in Information Collection Burdens Actual or Target Completion Date Progress Updates and Anticipated Accomplishments
Regulations under Retrospective Review
EEOC 3046-AA73 29 CFR Part 1614 - Federal Sector Equal Employment Opportunity This regulation improves the procedures for federal agency equal employment opportunity (EEO) programs by making the following changes: reaffirming the existing statutory requirement that agencies comply with EEOC regulations, Management Directives, and Bulletins; providing for EEOC notices to non-compliant agencies; permitting pilot projects for EEO complaint processing; requiring agencies to issue a notice of rights to complainants when the investigation will not be timely completed; requiring agencies to submit complaint files and appeals documents to EEOC in digital formats; and making administrative judge decisions on the merits of class complaints final with both parties having the right to appeal to EEOC. EEOC's final rule will make the Federal sector discrimination complaint process fairer and more efficient. 7/2012 The Final Rule was published in the Federal Register on July 25, 2012, and was effective on September 24, 2012. See 77 Fed. Reg. 43498.
EEOC 3046-AA91 29 CFR Part 1640 - Procedures for Coordinating the Investigation of Complaints or Charges of Discrimination based on Disability subject to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 The EEOC plans to propose to update this joint regulation with the Department of Justice to better coordinate enforcement of Title I of the ADA with Section 504 of the Rehabilitation Act. The EEOC anticipates the revisions will result in increased efficiency in the government's response to such complaints. By updating outdated terminology and clarifying procedures for referring complaints between agencies, these revisions will improve the efficiency of complaint processing and eliminate the possibility that misfiled complaints will run into timeliness problems when not promptly referred to the correct agency. This will benefit agencies (by creating procedures that accurately describe the complaint process), charging parties/complainants (by ensuring that charges/complaints are processed in a timely manner by the agency best able to investigate the issues at hand), and respondents (by ensuring that one federal agency takes the lead in any charge/complaint filed against them). EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints. 10/2013 The estimated date for publication of a proposed rule is October 2013. EEOC staff is currently developing specific revisions to the rule, which is a joint rule with the Department of Justice, and has contacted the appropriate staff at DOJ for input.
EEOC 3046-AA92 29 CFR Part 1641 - Procedures for Complaints/Charges of Employment Discrimination based on Disability filed against Employers holding Government Contracts or Subcontracts The EEOC plans to propose to update this joint regulation with the Department of Labor's Office of Federal Contract Compliance Programs to better coordinate enforcement of Title I of the ADA with Section 503 of the Rehabilitation Act. The EEOC anticipates the revisions to result in increased efficiency in the government's response to such complaints. By updating outdated terminology and clarifying procedures for referring complaints between agencies, these revisions will improve the efficiency of complaint processing and eliminate the possibility that misfiled complaints will run into timeliness problems when not promptly referred to the correct agency. This will benefit agencies (by creating procedures that accurately describe the complaint process), charging parties/complainants (by ensuring that charges/complaints are processed in a timely manner by the agency best able to investigate the issues at hand), and respondents (by ensuring that one federal agency takes the lead in any charge/complaint filed against them). EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints. 10/2013 The estimated date for publication of a proposed rule is October 2013. EEOC staff is currently developing specific revisions to the rule, which is a joint rule with the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), and has contacted the appropriate staff at OFCCP for input.
EEOC 3046-AA93 29 CFR Part 1691 - Procedures for Complaints of Employment Discrimination filed against Recipients of Federal Financial Assistance The EEOC plans to propose to update this joint regulation with the Department of Justice to better coordinate enforcement of EEO requirements in federal grants with the EEOC's enforcement of Title VII and the Equal Pay Act. The EEOC anticipates the revisions to result in increased efficiency in the government's response to such complaints. By updating outdated terminology and clarifying procedures for referring complaints between agencies, these revisions will improve the efficiency of complaint processing and eliminate the possibility that misfiled complaints will run into timeliness problems when not promptly referred to the correct agency. This will benefit agencies (by creating procedures that accurately describe the complaint process), charging parties/complainants (by ensuring that charges/complaints are processed in a timely manner by the agency best able to investigate the issues at hand), and respondents (by ensuring that one federal agency takes the lead in any charge/complaint filed against them). EEOC is identifying proposed changes to this regulation that are anticipated to result in increased efficiency in the government's response to such complaints. 10/2013 The estimated date for publication of a proposed rule is October 2013. EEOC staff is currently developing specific revisions to the rule, which is a joint rule with the Department of Justice, and has contacted the appropriate staff at DOJ for input.
EEOC 3046-AA90 29 CFR Part 1610 - Availability of Records This regulation revises EEOC's Freedom of Information Act (FOIA) regulations to reflect current EEOC practices, improves procedures for requesting information from the Commission, and updates EEOC's FOIA processing procedures to conform to recent FOIA amendments. For example, the current first in/first out system for FOIA requests may cause delays for the public and inefficiencies for the Commission when complex FOIA requests precede simple FOIA requests. The Commission proposes to replace the first in/first out FOIA processing system with a multi-tier system that categorizes requests upon receipt as "simple," "complex," or "expedited." Commission response time will then be based on how each request is characterized. As another example, statutory and regulatory confidentiality requirements prevent FOIA disclosure of a charge file to a respondent unless the charging party has filed a timely lawsuit which raises the same issues as raised in the administrative charge. These same confidentiality provisions prohibit charge file disclosure to a charging party if the 90-day time period for filing suit has expired and the charging party has not filed a civil action within that 90-day period. Currently, if the requestor does not submit evidence that a civil action has been filed, EEOC denies the request citing the confidentiality provisions. The Commission proposes to revise its FOIA regulations to require FOIA requesters in both circumstances to submit a copy of the court complaint with their requests so that the Commission can immediately determine whether disclosure of the charge file is permitted. This will decrease the number of FOIA denials that occur when a civil action has been filed but the requestor failed to establish that fact when making the request. This will also reduce the number of appeals resulting from request denials that otherwise should have been granted. EEOC anticipates no new or additional costs to individuals requesting information under the FOIA or to any other entity, and expects benefits to include more efficient processing of FOIA requests. 10/2013 A Notice of Proposed Rulemaking was published in the Federal Register on September 4, 2012. See 77 Fed. Reg. 53814.
Reducing Paperwork Burdens
EEOC 3046-0003 EEO-5 (Elementary-Secondary Staff Information Report) -- Updating race and ethnicity categories This initiative reduces reporting burdens by modifying the EEO-5 reporting requirement to be consistent with the Department of Education's race and ethnicity categories. By making the EEO-5 definitions consistent with those used by the Department of Education, duplicate reporting by school districts is no longer necessary. School district employers will be able to use one data set to complete reports for both the EEOC and the Department of Education. Reduction of 11,898 hours of paperwork burdens 9/2012 Implemented September 2012
EEOC 3046-0040 EEO-1 (Employer Information Report) -- Electronic submission This initiative expands the file formats that can be accepted by EEOC's e-reporting system, which reduces burdens on employers. Prior to September 2012, EEOC accepted electronic reports from employers in a limited range of file formats. EEOC learned during outreach to employers that EEO-1 records can most easily be transferred in XML and Excel formats. Because EEOC's system for receiving electronic reports did not previously accommodate these file formats, employers had to transfer records to a text format before submitting their reports. By modifying our electronic system to accommodate XML and Excel data formats, employers who use these data formats will no longer need to transfer their records to different electronic files as an interim step. Reduction of 44,042 hours of paperwork burdens 9/2012 Implemented September 2012
EEOC 3046-0040 EEO-1 (Employer Information Report) -- Electronic identification of errors This initiative improves the identification of EEO-1 data upload errors for private sector employers who file EEO-1 reports by uploading complete data sets. Prior to September 2012, errors were often communicated incrementally. As a result of its outreach to employers, EEOC was advised that conducting a full analysis of the data files and then communicating as many errors as possible at one time would be less burdensome. By establishing a comprehensive review policy, the number of required communications will decrease, thereby decreasing the burden on employers. Reduction of 4,245 hours of paperwork burdens 9/2012 Implemented September 2012
EEOC 3046-0040 EEO-1 (Employer Information Report) -- Enabling reporters to fix errors without working through EEOC staff This initiative enables employers who upload complete data sets to view and correct errors without working through EEOC technical staff. Prior to September 2012, errors were only communicated by EEOC staff to employers in writing. EEOC learned from employers that they preferred to view and check their complete data sets after they had been uploaded. By allowing employers to see their complete data sets after upload, the EEOC now empowers employers to check their data and correct errors without having to work through EEOC staff. Reduction of 1,415 hours of paperwork burdens 9/2012 Implemented September 2012
EEOC 3046-0040 EEO-1 (Employer Information Report) -- Data reports This initiative enables online filers to better identify data entry errors. Prior to September 2012, employers who filed automated data entry reports (as opposed to uploading complete data sets) were not always provided clear error reports and often needed to obtain technical assistance from EEOC staff. By providing employers who enter EEO-1 data online (rather than by uploading complete data sets) with an automated function to see data entry errors in a more readily- understood way, this change saves time and reduces the need to request technical assistance. Reduction of 1,169 hours of paperwork burdens 9/2012 Implemented September 2012