[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standard set forth in those subsections is no longer valid in light of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
