[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12232-12233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03176]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Parts 1601 and 1626

RIN 3046-AB32


Congressional Disapproval of Update of Commission's Conciliation 
Procedures

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule; Congressional Review Act revocation.

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SUMMARY: Pursuant to their authority under the Congressional Review Act 
(CRA), Congress passed, and the President signed, a joint resolution 
disapproving the Equal Employment Opportunity Commission's (EEOC or 
Commission) final rule titled ``Update of Commission's Conciliation 
Procedures.'' Under the joint resolution and by operation of the CRA, 
this rule has no legal force or effect. The Commission hereby is 
removing it from the Code of Federal Regulations.

DATES: This final rule is effective February 16, 2024.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, Office of Legal Counsel, at [email protected] or (202) 
921-2665 (voice). Requests for this document in an alternative format 
should be made to the EEOC's Office of Communications and Legislative 
Affairs at (202) 921-3191 (voice), 1-800-669-6820 (TTY), or 1-844-234-
5122 (ASL video phone).

SUPPLEMENTARY INFORMATION: On October 9, 2020, the Commission published 
a notice of proposed rulemaking (NPRM) in the Federal Register, 
proposing amendments to its procedural rules governing the conciliation 
process (85 FR 64079). The Commission published the final rule, titled 
``Update of Commission's Conciliation Procedures,'' in the Federal 
Register on January 14, 2021 (86 FR 2974) (``Final Rule''). The Final 
Rule outlined the information that the Commission must provide when 
undertaking conciliation efforts for charges alleging violations of 
Title VII of the Civil Rights Act of 1964, the Americans with 
Disabilities Act of 1990 (ADA), the Genetic Information 
Nondiscrimination Act of 2008 (GINA), and the Age Discrimination in 
Employment Act of 1967 (ADEA). The Final Rule became effective on 
February 16, 2021.
    On May 19, 2021, the United States Senate passed a joint resolution 
(S.J. Res. 13) disapproving the Final Rule under the Congressional 
Review Act (CRA) (5 U.S.C. 801 et seq.). The United States House of 
Representatives passed S.J. Res. 13 on June 24, 2021. The President 
signed the joint resolution into law as Public Law 117-22 on June 30, 
2021. Under Public Law 117-22 and by operation of the CRA, the Final 
Rule has no force or effect. Accordingly, the Commission is hereby 
removing the Final Rule from the Code of Federal Regulations (CFR).
    This action is not an exercise of the Commission's rulemaking 
authority under the Administrative Procedure Act (APA) because the 
Commission is not ``formulating, amending, or repealing a rule'' under 
5 U.S.C. 551(5). Rather, the Commission is effectuating a change to the 
Code of Federal Regulations to reflect what congressional and 
presidential action already has accomplished. Accordingly, the 
Commission is not soliciting comments on this action, nor is it 
delaying the effective date.

List of Subjects in 29 CFR Parts 1601 and 1626

    Administrative practice and procedure, Equal employment 
opportunity.

    For the reasons set forth above, and pursuant to the CRA (5 U.S.C. 
801 et seq.) and Public Law 117-22, the Equal Employment Opportunity 
Commission amends 29 CFR parts 1601 and 1626 as follows:

PART 1601--PROCEDURAL REGULATION

0
1. The authority citation for 29 CFR 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; 28 U.S.C. 2461 note, as 
amended; Pub. L. 104-134, Sec. 31001(s)(1), 110 Stat. 1373.


Sec.  1601.24   [Amended]

0
2. Amend Sec.  1601.24 by removing paragraphs (d), (e), and (f).

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

0
3. The authority citation for 29 CFR 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
4. Revise Sec.  1626.12 to read as follows:


Sec.  1626.12  Conciliation efforts pursuant to section 7(d) of the 
Act.

    Upon receipt of a charge, the Commission shall promptly attempt to 
eliminate any alleged unlawful practice

[[Page 12233]]

by informal methods of conciliation, conference and persuasion. Upon 
failure of such conciliation the Commission will notify the charging 
party. Such notification enables the charging party or any person 
aggrieved by the subject matter of the charge to commence action to 
enforce their rights without waiting for the lapse of 60 days. 
Notification under this section is not a Notice of Dismissal or 
Termination under Sec.  1626.17.

0
5. Amend Sec.  1626.15 by revising paragraph (d) to read as follows:


Sec.  1626.15   Commission enforcement.

* * * * *
    (d) Upon the failure of informal conciliation, conference and 
persuasion under section 7(b) of the Act, the Commission may initiate 
and conduct litigation.
* * * * *

Charlotte A. Burrows,
Chair, Equal Employment Opportunity Commission.
[FR Doc. 2024-03176 Filed 2-15-24; 8:45 am]
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