96-20958. Procedures for Complaints of Employment Discrimination Filed Against Recipients of Federal Financial Assistance

[Federal Register Volume 61, Number 160 (Friday, August 16, 1996)]
[Rules and Regulations]
[Pages 42556-42557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20958]


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DEPARTMENT OF JUSTICE

28 CFR Part 42

RIN 1190 AA30

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1691

RIN 3046 AA51


Procedures for Complaints of Employment Discrimination Filed 
Against Recipients of Federal Financial Assistance

AGENCIES: Department of Justice and Equal Employment Opportunity 
Commission.

ACTION: Notice of rescission of limitation on participation of the 
Department of Education in procedures governing referral of certain 
complaints of employment discrimination.

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SUMMARY: This document informs the public that a limitation placed on 
the participation of the Department of Education (ED) in the procedures 
prescribed by a joint rule of the Department of Justice (DOJ) and the 
Equal Employment Opportunity Commission (EEOC) for processing 
complaints of employment discrimination filed against recipients of 
Federal financial assistance no longer applies. 28 CFR Part 42, 29 CFR 
Part 1691. The decision in Women's Equity Action League v. Cavazos, 906 
F.2d 742 (D.C. Cir. 1990), has the effect of allowing ED to refer joint 
complaints alleging a pattern or practice of employment discrimination 
or joint complaints alleging discrimination in employment and in other 
practices to the EEOC, when appropriate, under the joint DOJ and EEOC 
rule.

FOR FURTHER INFORMATION CONTACT: Peggy R. Mastroianni, Associate Legal 
Counsel, Office of Legal Counsel, Equal Employment Opportunity 
Commission, 1801 L Street, N.W., 6th Floor, Washington, D.C. 20507. 
Telephone: [phone] (voice), [phone] (TDD); or Merrily A. 
Friedlander, Chief, Coordination and Review Section, Civil Rights 
Division, U.S. Department of Justice, P.O. Box 66560, Washington, D.C. 
20035-6560, [phone] (voice), [phone] (TDD).

SUPPLEMENTARY INFORMATION: On January 25, 1983, DOJ and the EEOC 
published a rule entitled ``Procedures for Complaints of Employment 
Discrimination Filed Against Recipients of Federal Funds.'' 28 CFR Part 
42, 29 CFR Part 1691 (joint rule). The joint rule generally sets forth 
procedures for Federal agencies that grant financial assistance to 
coordinate with the EEOC the processing of joint complaints involving 
employment discrimination covered by Title VII of the Civil Rights Act 
of 1964 or the Equal Pay Act, and by Title VI of the Civil Rights Act 
of 1964, Title IX of the Education Amendments of 1972, the State and 
Local Fiscal Assistance Act of 1972, as amended, or provisions similar 
to Title VI and Title IX in Federal grant statutes.
    By virtue of an order of the United States District Court in Adams 
v. Bell, C.A. No. 3095-70, and Women's Equity

[[Page 42557]]

Action League v. Bell, C.A. No. 74-1720 (D.D.C., Order of December 29, 
1977, as modified by D.D.C., Order of March 11, 1983) (hereinafter 
referred to as ``Adams''), ED was obliged to process complaints of 
discrimination within time limits specified by the court. Those time 
limits did not apply to the EEOC or to other agencies that grant 
financial assistance, nor were they required by the procedures of the 
joint rule. As a result, DOJ and the EEOC published a rule-related 
notice stating that ED was precluded by court order from referring 
employment discrimination complaints to the EEOC under the procedures 
of the joint rule. 48 FR 29686, June 28, 1983.
    On January 17, 1985, the district court in Adams issued a modified 
order permitting ED ``to refer individual, as opposed to systemic, 
complaints of employment discrimination under Title VI and Title IX'' 
to the EEOC. As a result, DOJ and the EEOC published a rule-related 
notice stating that ED was now permitted to refer joint complaints 
alleging discrimination against an individual to the EEOC. However, the 
notice indicated that ED would continue to be precluded from referring 
to the EEOC joint complaints alleging a pattern or practice of 
employment discrimination or alleging discrimination in both employment 
and non-employment practices. The procedures of the joint rule permit 
agencies to refer these complaints to the EEOC when warranted by 
special circumstances. See 50 FR 8608, Mar. 4, 1985.
    On June 26, 1990, the Court of Appeals for the District of Columbia 
Circuit affirmed the district court's dismissal of the entire Adams 
litigation and released ED from the prior limitations of the 1983 Adams 
order referenced above. Women's Equity Action League v. Cavazos, 906 
F.2d 742 (D.C. Cir. 1990). Accordingly, ED is now allowed to follow the 
coordination procedures set forth in the joint rule in their entirety, 
including those procedures governing the processing and referral of 
joint complaints alleging a pattern or practice of employment 
discrimination or discrimination in employment and non-employment 
practices.

    For the Department of Justice.

    Dated: August 12, 1996.
Deval L. Patrick,
Assistant Attorney General, Civil Rights Division.
    For the Equal Employment Opportunity Commission.

    Dated: August 9, 1996.
Gilbert F. Casellas,
Chairman.
[FR Doc. 96-20958 Filed 8-15-96; 8:45 am]
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