[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Rules and Regulations]
[Pages 58333-58334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28291]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Parts 1604 and 1606


Sex Discrimination Guidelines and National Origin Discrimination 
Guidelines

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

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SUMMARY: This rule rescinds those paragraphs of the Equal Employment 
Opportunity Commission's (EEOC's) Sex Discrimination Guidelines and 
National Origin Discrimination Guidelines that set a standard for 
employer liability for harassment by supervisors. This action is 
necessary as a result of recent Supreme Court rulings.

EFFECTIVE DATE: October 29, 1999.

FOR FURTHER INFORMATION CONTACT: Dianna Johnston, Assistant Legal 
Counsel, Title VII/ADEA/EPA Division, Office of Legal Counsel, or 
Elaine Herskowitz, Senior Attorney/Advisor, Title VII/ADEA/EPA 
Division, Office of Legal Counsel. They can be reached at 202-663-4679. 
This final rule is also available in the following formats: large 
print, braille, electronic file on computer disk, and audio-tape. 
Copies may be obtained from the EEOC's Publication Center by calling 1-
800-669-3362 (voice) or 1-800-669-6820 (TDD).

SUPPLEMENTARY INFORMATION: The EEOC is rescinding those subsections of 
the Sex Discrimination Guidelines, found in 29 CFR 1604.11(c), and the 
National Origin Discrimination Guidelines, found in 29 CFR 1606.8(c), 
that address employer liability for harassment by supervisors. The 
standard set forth in those subsections is no longer valid in light of 
the Supreme Court's rulings in Burlington Industries, Inc. v. Ellerth, 
524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 
(1998). The Commission has issued detailed guidance interpreting those 
decisions and explaining the circumstances under which employers are 
vicariously liable for unlawful harassment by supervisors. See EEOC 
Enforcement Guidance: Vicarious Employer Liability for Unlawful 
Harassment by Supervisors (6/18 /99), EEOC Compliance Manual (BNA), 
N:4075 [Binder 3]; also available through EEOC's web site, at 
www.eeoc.gov, or by calling the EEOC Publications Distribution Center, 
at 1-800-669-3362 (voice), 1-800-800-3302 (TTY).

[[Page 58334]]

Regulatory Procedures

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (Public Law 96-
354, as amended by Public Law 104-121), the Commission has reviewed 
this regulation, and by approving it, certifies under 5 U.S.C. 605(b) 
that this regulation will not have a significant economic impact on a 
substantial number of small entities.

Executive Order 12866

    This rule is not a significant regulatory action as defined in 
Executive Order 12866 and is therefore not subject to review by the 
Office of Management and Budget.

List of Subjects

29 CFR Part 1604

    Advertising, Employee benefit plans, Equal employment opportunity, 
Sex discrimination.

29 CFR Part 1606

    Equal employment opportunity.

    For the Commission,
Ida L. Castro,
Chairwoman.

PART 1604--[AMENDED]

    1. The authority citation for part 1604 continues to read as 
follows:

    Authority: Sec. 713(b), 78 Stat. 265, 42 U.S.C. 2000e-12.

    2. Section 1604.11 is amended by removing and reserving paragraph 
(c).
    3. Section 1604.11 is amended by adding Appendix A at the end of 
the section to read as follows:


Sec. 1604.11  Sexual harassment.

* * * * *

Appendix A to Sec. 1604.11--Background Information

    The Commission has rescinded Sec. 1604.11(c) of the Guidelines 
on Sexual Harassment, which set forth the standard of employer 
liability for harassment by supervisors. That section is no longer 
valid, in light of the Supreme Court decisions in Burlington 
Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. 
City of Boca Raton, 524 U.S. 775 (1998). The Commission has issued a 
policy document that examines the Faragher and Ellerth decisions and 
provides detailed guidance on the issue of vicarious liability for 
harassment by supervisors. EEOC Enforcement Guidance: Vicarious 
Employer Liability for Unlawful Harassment by Supervisors (6/18/99), 
EEOC Compliance Manual (BNA), N:4075 [Binder 3]; also available 
through EEOC's web site, at www.eeoc.gov., or by calling the EEOC 
Publications Distribution Center, at 1-800-669-3362 (voice), 1-800-
800-3302 (TTY).

PART 1606--[AMENDED]

    4. The authority citation for part 1606 continues to read as 
follows:

    Authority: Title VII of the Civil Rights Act of 1964, as 
amended, 42 U.S.C. 2000e et seq.

    5. Section 1606.8 is amended by removing and reserving paragraph 
(c).
    6. Section 1606.8 is amended by adding Appendix A at the end of the 
section to read as follows:


Sec. 1606.8  Harassment.

* * * * *

Appendix A to Sec. 1606.8--Background Information

    The Commission has rescinded Sec. 1606.8(c) of the Guidelines on 
National Origin Harassment, which set forth the standard of employer 
liability for harassment by supervisors. That section is no longer 
valid, in light of the Supreme Court decisions in Burlington 
Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. 
City of Boca Raton, 524 U.S. 775 (1998). The Commission has issued a 
policy document that examines the Faragher and Ellerth decisions and 
provides detailed guidance on the issue of vicarious liability for 
harassment by supervisors. EEOC Enforcement Guidance: Vicarious 
Employer Liability for Unlawful Harassment by Supervisors (6/18/99), 
EEOC Compliance Manual (BNA), N:4075 [Binder 3]; also available 
through EEOC's web site, at www.eeoc.gov., or by calling the EEOC 
Publications Distribution Center, at 1-800-669-3362 (voice), 1-800-
800-3302 (TTY).

[FR Doc. 99-28291 Filed 10-28-99; 8:45 am]
BILLING CODE 6570-01-P