[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Proposed Rules]
[Pages 5624-5629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02664]


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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: Notice of proposed rulemaking.

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SUMMARY: The Equal Employment Opportunity Commission (EEOC or 
Commission) is proposing to amend 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 errors.

DATES: Comments on the notice of proposed rulemaking must be received 
on or before April 23, 2019.

ADDRESSES: You may submit comments by any of the following methods--
please use only one method:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions on the website for submitting comments.
     Mail: Comments may be submitted by mail to Bernadette B. 
Wilson, Executive Officer, Executive Secretariat, Equal Employment 
Opportunity Commission, 131 M Street NE, Washington, DC 20507.
     Fax: Comments totaling six or fewer pages can be sent by 
facsimile (``fax'') machine to (202) 663-4114. (This is not a toll-free 
number.) Receipt of fax transmittals will not be acknowledged, except 
that the sender may request confirmation of receipt by calling the 
Executive Secretariat staff at (202) 663-4070 (voice) or 800-669-6820 
(TTY). (These are not toll-free telephone numbers.)
    Instructions: All comments received must include the agency name or 
Regulatory Information Number (RIN) for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided. However, the EEOC reserves 
the right to refrain from posting libelous or otherwise inappropriate 
comments, including those that contain obscene, indecent, or profane 
language; that contain threats or defamatory statements; that contain 
hate speech directed at race, color, sex, national origin, age, 
religion, disability, or genetic information; or that promote or 
endorse services or products.
    All comments received, including any personal information provided, 
also will be available for public inspection during normal business 
hours by appointment only at the EEOC Headquarters' Library, 131 M 
Street NE, Washington, DC 20507. Upon request, individuals who require 
assistance viewing comments are provided appropriate aids such as 
readers or print magnifiers. To schedule an appointment to inspect the 
comments at the EEOC's library, contact the library staff at (202) 663-
4630 (voice) or 800-669-6820 (TTY). (These are not toll-free numbers.)

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202) 663-4681 (voice) or [email protected]; Erin Norris, 
Senior Attorney, Office of Legal Counsel, (704) 954-6491 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Digital Submissions of Charge Documents

    The Equal Employment Opportunity Commission is building a fully 
digital system for charges of discrimination filed with the EEOC. The 
system enables the EEOC, charging parties who file charges, and 
respondents against whom charges are filed to communicate and to 
transmit documents, including notices of charges, digitally through a 
secure online portal. It allows potential charging parties to submit 
online inquiries to the EEOC and to schedule intake interviews through 
the online system. The EEOC now has the capacity to make its charge 
processing and records system fully digital. In furtherance of that 
effort, the EEOC proposes to amend portions of its regulations in 29 
CFR parts 1601 and 1626 to explicitly provide for digital or online 
transmission of charge-related documents. Specifically, the EEOC 
proposes to amend the following sections to explicitly provide for 
digital transmission and service of EEOC documents: Sections 1601.3 
Other definitions, 1601.8 Where to make a charge, 1601.13(a)(4)(i)(A) 
and (B) Filing; deferrals to State and local agencies, 1601.14(a) 
Service of charge or notice of charge, 1601.21, Reasonable cause 
determination: Procedure and authority, 1626.5 Where to submit 
complaints and charges, 1626.7(b) Timeliness of charge, and 1626.15(c) 
Commission enforcement.

Deferrals to State and Local Agencies

    The EEOC proposes to clarify the application of the charge-filing 
time periods for charges arising in jurisdictions having a State or 
local fair

[[Page 5625]]

employment practice (FEP) agency. Under section 706(e)(1) of Title VII 
of the Civil Rights Act of 1964, charging parties have 300 days after 
the alleged unlawful employment practice occurred to file a charge in 
jurisdictions having an FEP agency with authority to grant or seek 
relief from such practice. Charging parties have 180 days in 
jurisdictions with no FEP agency. 42 U.S.C. 2000e-5(e)(1). The EEOC's 
regulations address the circumstances in which an FEP agency exists but 
does not have jurisdiction over the particular basis of discrimination 
alleged in the charge (for example, if the FEP agency does not have 
authority to investigate sex discrimination), and provide that when 
such a charge is filed, it is treated as being filed in a jurisdiction 
having no FEP agency and thus is timely filed only if received within 
180 days. Currently, the regulation uses the phrase, ``without subject 
matter jurisdiction over a charge'' to describe such a situation. The 
proposed revision replaces ``subject matter jurisdiction over a 
charge'' with ``jurisdiction over the statutory basis alleged in the 
charge'' in Sec. Sec.  1601.13(a)(2) and (3).
    In some instances, respondents have argued that even though a 
charge alleges the same type or basis of discrimination prohibited by 
state law, such as disability discrimination, it is untimely because 
the state law would not have applied to the particular circumstances or 
theory of relief, such as a failure to accommodate theory. The EEOC 
believes that this interpretation is incorrect and unworkable. Charging 
parties may assert multiple theories of relief or related claims, or 
may not know what theory ultimately will apply to their statutory 
claims, and it would be inappropriate to require an evaluation of the 
merits of the charge in light of state law before deciding what filing 
deadline applies. Conditioning the timeliness of their filing on the 
interpretation of ``complicated issues of state law'' would be contrary 
to the Supreme Court's decision in EEOC v. Commercial Office Products 
Co., 486 U.S. 107, 123-24 (1988). The Supreme Court discouraged 
interpreting the filing periods in ways that would involve the 
interpretation of ``complicated issues of state law'' particularly 
because in discrimination cases, ``laymen, unassisted by trained 
lawyers, initiate the process.'' The Court emphasized that rules should 
be ``both easily understood by complainants and easily administered by 
the EEOC.'' See id. at 124. The proposed revision to Sec. Sec.  
1601.13(a)(2) and (3) thus expresses more clearly that the charge-
filing time period is determined simply by looking to the general bases 
on which the FEP agency's statute prohibits discrimination. Thus, if 
the FEP agency's statute covers the same general basis or category of 
discrimination alleged by the charging party (for example, age or 
disability discrimination), the charging party has 300 days to file a 
charge. This information about the FEP agency's general statutory 
coverage will normally be readily available to the public, and it will 
be easier for charging parties to determine which filing deadline 
applies.

Clarity of the Communication Closing an Investigation and Delegation

    The EEOC proposes changes to Sec. Sec.  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.

Clarity of Communication

    The EEOC proposes to amend Sec.  1601.18(a) to add language clearly 
communicating that a dismissal includes notice of the charging party's 
statutory right to file a lawsuit.
    The EEOC also proposes to amend Sec.  1601.19(a) to add language 
clarifying the meaning and import of the EEOC's issuance of a ``no 
cause'' determination. Some have misunderstood the ``no cause 
determination'' and the language in the EEOC's current ``Dismissal and 
Notice of Rights.'' Hence, the EEOC proposes to revise 1601.19(a) to 
more clearly communicate that the EEOC's ``no cause'' closure of a 
charge does not mean the claims have no merit. The purpose of this 
proposed amendment is to ensure that charging parties, respondents, and 
courts understand that the extent of an EEOC investigation can vary 
widely from charge to charge, and therefore should not be viewed as a 
final evaluation of whether discrimination occurred or is occurring. 
The EEOC recognizes 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 
favorable to charging parties.
    Similarly, parties can misunderstand the meaning of the language in 
the EEOC's current ``Dismissal and Notice of Rights;'' therefore, the 
EEOC also proposes to revise the language on this form to clarify its 
purpose. The current language in the EEOC's ``Dismissal and Notice of 
Rights'' states:
    ``The EEOC issues the following determination: Based on 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.''
    The EEOC proposes to revise the above language to read 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.''
    The Commission does not propose to make the form part of the 
regulation, but invites public comment on the above-proposed revised 
``Dismissal and Notice of Rights'' language.

Delegation of Authority To Issue ``Dismissal and Notice of Rights''

    The EEOC proposes to amend Sec. Sec.  1601.18(b) and 1601.19(a) to 
allow District, Field, Area, and Local Office Directors to delegate to 
``their designees'' their authority to issue a ``Dismissal and Notice 
of Rights.'' This change will permit EEOC employees other than office 
directors to issue dismissals and determinations, freeing office 
directors' time for other enforcement efforts.
    Agency experience has shown that this level of delegation is 
appropriate. Established procedures and quality standards will support 
the increased efficiencies gained by permitting this delegation, while 
ensuring continued focus on charges that may lead to determinations of 
reasonable cause. In concert with that change, the EEOC proposes to 
amend Sec.  1601.19(b) to permit the director of an office issuing a 
``Dismissal and Notice of Rights'' to reconsider that determination, 
upon request or on his or her own initiative, and to issue a notice of 
intent to reconsider. In those instances where an EEOC employee other 
than the office director issues a ``Dismissal and Notice of Rights,'' 
only the office director will have authority to reconsider the 
determination.
    As noted above, determinations are contained in a document titled 
``Dismissal and Notice of Rights'' because they combine the no cause 
determination with the notice of right to sue under Sec.  1601.19. 
Accordingly, the

[[Page 5626]]

EEOC proposes to remove the term ``letter of'' wherever it precedes the 
word ``determination'' in Sec.  1601.19 No cause determinations: 
Procedure and authority.

Miscellaneous Updates

    The EEOC proposes the following clarifying changes and updates to 
the regulations:
    1. In Sec.  1601.2 adding ``as amended'' to ``the Americans with 
Disabilities Act of 1990'';
    2. In Sec.  1601.3 removing Maryland from the area served by the 
Washington Field Office to reflect field office restructuring that 
occurred in 2006;
    3. In Sec.  1601.4 replacing ``Vice Chairman'' and ``Chairman'' 
with the current titles ``Vice Chair'' and ``Chair'' and replacing 
``disability'' with ``incapacity'';
    4. In Sec.  1601.5 correcting typographical errors by replacing 
``field'' with ``field office'' and ``area'' with ``area office'';
    5. In Sec. Sec.  1601.7(a) and (b), 1601.12, and 1626.8, replacing 
references to ``address and telephone number'' and ``address'' with the 
more general ``contact information'';
    6. In Sec.  1601.16(b) identifying two kinds of petitions to revoke 
or modify subpoenas to clarify that such petitions should be served on 
the issuing director except that, if the subpoena was issued by a 
Commissioner, the petition should be served on the General Counsel;
    7. In Sec.  1601.16(d) replacing the misspelled word ``Council'' 
with ``Counsel'';
    8. In Sec.  1601.21(d) replacing the words ``a copy of the 
determination'' with ``the determination or a copy of the 
determination'' to allow for digital transmission;
    9. In Sec.  1601.28(c) removing an obsolete footnote;
    10. In Sec.  1601.28(e)(3) replacing ``A copy of the charge'' with 
``The charge or a copy of the charge'' to allow for digital 
transmission;
    11. In Sec.  1601.70(a)(1) adding genetic information to the list 
of prohibited bases of discrimination;
    12. In Sec.  1601.75(b)(2) updating an office title and removing an 
obsolete reference to Order 916;
    13. In Sec.  1601.76 and 1601.78 removing an obsolete reference to 
Order 916;
    14. In Sec.  1626.15(c) replacing ``A copy of the signed 
agreement'' with ``The signed agreement or a copy of the signed 
agreement'' to allow for digital transmission;
    15. In Sec.  1626.15(e) and 1626.16(b) replacing ``Field 
Directors'' with ``Field Directors, Area Directors, and Local 
Directors''; and
    16. In Sec.  1626.17(a)(2) adding a reference to the Genetic 
Information Nondiscrimination Act.

Regulatory Procedures

Executive Order 12866

    This is not a ``significant regulatory action'' within the meaning 
of section 3 of Executive Order 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 proposed 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.

    Approved by the Commission December 4, 2018.

    Dated: February 12, 2019.

    For the Commission.
Victoria A. Lipnic,
Acting Chair.

    Accordingly, for the reasons set forth in the preamble, the Equal 
Employment Opportunity Commission proposes to amend 29 CFR parts 1601 
and 1626 as follows:

PART 1601--PROCEDURAL REGULATIONS

0
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.

0
2. Amend Sec.  1601.2 by revising the second sentence to read as 
follows:


Sec.  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. * * *
0
3. Amend Sec.  1601.3 by:
0
a. Removing the words ``and surrounding Maryland'' from paragraph (a);
0
 b. Redesignating paragraph (b) as paragraph (c); and
0
 c. Adding a new paragraph (b).
    The addition reads as follows:


Sec.  1601.3  Other definitions.

* * * * *
    (b) For the purposes of this part, the terms file, serve, submit, 
receive, transmit, present, send, and notify shall include all forms of 
digital transmission.
* * * * *
0
4. Revise Sec.  1601.4 to read as follows:


Sec.  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.
0
5. Amend Sec.  1601.5 by revising the section heading and the sixth and 
eighth sentences to read as follows:


Sec.  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. * * *
0
6. Amend Sec.  1601.7 by revising the fourth sentence of paragraph (a) 
and paragraph (b) to read as follows:


Sec.  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. * * *

[[Page 5627]]

    (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.
0
7. Revise Sec.  1601.8 to read as follows:


Sec.  1601.8  Where to make a charge.

    A charge may be made using the EEOC's designated digital system, in 
person, 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.
0
8. Amend Sec.  1601.12 by revising paragraphs (a)(1) and (2) to read as 
follows:


Sec.  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 Sec.  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);
* * * * *
0
9. Amend Sec.  1601.13 by:
0
 a. Revising paragraphs (a)(2) and (3), (a)(4) introductory text, 
(a)(4)(i)(A) and (a)(4)(i)(B);
0
b. Removing the word ``filing'' and adding in its place the word 
``filed'' in the second sentence of paragraph (a)(4)(ii)(B); and
0
 c. Removing the word ``certified'' and adding in its place the word 
``registered'' in paragraph (b)(2)(iii).
    The revisions read as follows:


Sec.  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 forth 
below and the procedures in paragraph (a)(4) of this section.
    (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) A copy of 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.
* * * * *
0
10. Amend Sec.  1601.14(a) by revising the first two sentences to read 
as follows:


Sec.  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 or 
a copy of the charge by digital transmission, by mail, or in person, 
except when it is determined that providing the charge or a copy of the 
charge would impede the law enforcement functions of the Commission. 
Where the charge or a copy of 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. * * *
* * * * *
0
11. Amend Sec.  1601.16 by revising paragraph (b)(1), and in paragraph 
(d), removing the word ``Council'' wherever it appears and adding in 
its place the word ``Counsel.''
    The revision reads as follows:


Sec.  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 
mailed or transmitted digitally 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.
* * * * *
0
12. Amend Sec.  1601.18 by:
0
 a. In paragraph (b), adding a new sentence after the first sentence; 
and
0
 b. In paragraph (c), in the second sentence adding ``, or their 
designees,'' after ``Local Directors''.
    The addition reads as follows:


Sec.  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.* * *
* * * * *
0
13. Revise Sec.  1601.19 to read as follows:


Sec.  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 Sec.  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

[[Page 5628]]

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 Sec.  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 had requested a notice of right to sue pursuant to 
Sec.  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.


Sec.  1601.21  [Amended]

0
14. Amend Sec.  1601.21(d) by removing the words ``a copy of the 
determination'' and adding in their place ``the determination or a copy 
of the determination.''
0
15. Amend Sec.  1601.28 by removing footnote 1 from paragraph (c) and 
revising paragraph (e)(3) to read as follows:


Sec.  1601.28  Notice of right to sue: Procedure and authority.

* * * * *
    (e) * * *
    (3) The charge or a copy of the charge;
* * * * *
0
16. Amend Sec.  1601.70 by revising paragraph (a)(1) to read as 
follows:


Sec.  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
* * * * *
0
17. Amend Sec.  1601.75 by:
0
 a. Revising paragraph (b)(2); and
0
b. In paragraph (c), by removing the word ``cetification'' and adding 
in its place the word ``certification.''
    The revision reads as follows:


Sec.  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 and Local 
Programs, Office of Field Programs, and found to be in conformance with 
the Commission's Substantial Weight Review Procedures.


Sec.  1601.76  [Amended]

0
18. Amend Sec.  1601.76 by removing the words ``(EEOC Order 916)''.


Sec.  1601.78  [Amended]

0
19. Amend Sec.  1601.78, by removing the words ``(EEOC Order 916)'' in 
the introductory text.

PART 1626--PROCEDURES--AGE DISCRIMINATION IN EMPLOYMENT ACT

0
20. 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.

0
21. Amend Sec.  1626.3 by:
0
 a. Designating the text as paragraph (a);
0
 b. In newly redesignated paragraph (a), removing the words ``For 
purpose of this part'' and adding in their place the words ``For the 
purposes of this part''; and
0
c. Adding a new paragraph (b).
    The addition reads as follows:


Sec.  1626.3  Other definitions.

* * * * *
    (b) For the purposes of this part, the terms file, serve, submit, 
receive, transmit, present, send, and notify shall include all forms of 
digital transmission.
0
22. Revise Sec.  1626.5 to read as follows:


Sec.  1626.5  Where to submit complaints and charges.

    Complaints and charges may be made through the EEOC's designated 
digital system, in person, by telephone, 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.
0
23. Amend Sec.  1626.7 by redesignating paragraphs (b)(1), (2), and (3) 
as paragraphs (b)(2), (3), and (4), and adding a new paragraph (b)(1) 
to read as follows:


Sec.  1626.7  Timeliness of charge.

* * * * *
    (b) * * *
    (1) Charges filed digitally: Date of transmission.
* * * * *
0
24. Amend Sec.  1626.8 by revising paragraphs (a)(1) and (2), and 
adding new paragraphs (d) and (e) to read as follows:


Sec.  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 Sec.  1626.8(d);
    (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.
0
25. Amend Sec.  1626.15 by revising the last sentence of paragraph (c), 
and in paragraph (e), removing the words ``the Field Directors'' and 
adding in their place the words ``Field Directors, Area Directors, and 
Local Directors.''

[[Page 5629]]

    The revision reads as follows:


Sec.  1626.15  Commission enforcement.

* * * * *
    (c) * * * The signed agreement or a copy of the signed agreement 
shall be sent to all the signatories thereto.
* * * * *


Sec.  1626.16  [Amended]

0
26. Amend Sec.  1626.16(b) by removing the words ``the Field 
Directors'' and adding in their place the words ``Field Directors, Area 
Directors, and Local Directors''.


Sec.  1626.17  [Amended]

0
27. Amend Sec.  1626.17(a)(2) by removing the words ``or the Americans 
with Disabilities Act (ADA),'' and adding in their place the words ``or 
the Americans with Disabilities Act (ADA) or the Genetic Information 
Nondiscrimination Act (GINA)'' and removing the words ``or the ADA.'' 
and adding in their place the words ``, the ADA, or GINA.''.

[FR Doc. 2019-02664 Filed 2-21-19; 8:45 am]
 BILLING CODE P