99-13341. Procedures for Previously Exempt State and Local Government Employee Complaints of Employment Discrimination Under the Government Employee Rights Act of 1991

[Federal Register Volume 64, Number 102 (Thursday, May 27, 1999)]
[Rules and Regulations]
[Pages 28743-28744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13341]


=======================================================================
-----------------------------------------------------------------------

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1603

RIN 3046-AA45


Procedures for Previously Exempt State and Local Government 
Employee Complaints of Employment Discrimination Under the Government 
Employee Rights Act of 1991

AGENCY: Equal Employment Opportunity Commission (EEOC).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Equal Employment Opportunity Commission is adopting as 
final an interim rule establishing procedures for implementing Title 
III of the Civil Rights Act of 1991, entitled the Government Employee 
Rights Act of 1991, which extends the protections against employment 
discrimination based on race, color, religion, sex, national origin, 
age and disability to previously exempt state and local government 
employees.

DATES: This rule will become effective on May 27, 1999.

FOR FURTHER INFORMATION CONTACT: Nicolas M. Inzeo, Deputy Legal 
Counsel, Thomas J. Schlageter, Assistant Legal Counsel, or Stephanie D. 
Garner, Senior Attorney, at [phone] or TDD [phone]. This 
notice is also available in the following formats: large print, 
braille, audio tape and electronic file on computer disk. Requests for 
this notice in an alternative format should be made to the Publications 
Center at 1-800-669-3362.

SUPPLEMENTARY INFORMATION: On April 10, 1997, at 62 FR 17542-17548, the 
Equal Employment Opportunity Commission published an interim rule to 
implement Section 321 of the Civil Rights Act of 1991. 2 U.S.C. 1220. 
That section provided new equal employment opportunity protections for 
previously exempt state and local

[[Page 28744]]

government employees, and designated the Equal Employment Opportunity 
Commission as the enforcement authority.
    The interim rule sets out the Commission's procedures for handling 
complaints brought by individuals covered by section 321 of the Act. 
The filing and investigative procedures for complaints followed 
established Commission procedures for charges published at 29 CFR Part 
1601. The hearing process and the other procedures were different from 
EEOC's normal charge resolution procedures.
    Comments on the interim rule were invited from the public, to be 
received on or before June 9, 1997. The sole comment received suggested 
that the time period for filing a complaint under this Part in those 
jurisdictions which have fair employment practices agencies be extended 
to 300 days. Unlike section 706(e) of the Civil Rights Act of 1964, 
section 321 of the Civil Rights Act of 1991 does not provide an 
extended filing period for cases arising in jurisdictions which have 
fair employment practices agencies. The Commission is bound by the 
plain language of the statute which provides a uniform 180-day period 
for filing a complaint.
    After the interim regulation was published in the Federal Register 
on April 10, 1997, the Commission's Office of Program Operations was 
renamed the Office of Field Programs. Therefore, ``Office of Field 
Programs'' is being substituted wherever the name ``Office of Program 
Operations'' appeared in the interim regulation. With this exception of 
this change the interim rule is adopted as final.
    In promulgating the final rule implementing section 321 of the Act, 
the Commission has adhered to the regulatory philosophy and the 
applicable principles of regulation set forth in section 1 of Executive 
Order 12866, Regulatory Planning and Review. In addition, it has been 
determined that this regulation is not a significant regulatory action 
within the meaning of section 3(f) of the Executive Order. As required 
by the Regulatory Flexibility Act (5 U.S.C. chapter 6), it is hereby 
certified that this final rule will not have a significant economic 
impact on a substantial number of small entities because it establishes 
procedures for complaints of discrimination by formerly exempt state 
and local government employees.
    Finally, this rule does not impose any information collection 
requirements as defined by the Paperwork Reduction Act, 44 U.S.C. 3501 
et seq.

List of Subjects in 29 CFR Part 1603

    Administrative practice and procedure, Equal employment 
opportunity, Intergovernmental relations, Investigations, State and 
local governments.

    Accordingly, the interim rule amending 29 CFR part 1603 which was 
published at 62 FR 17542 on April 10, 1997, is adopted as a final rule 
with the following change:

PART 1603--[AMENDED]

    1. Authority citation for part 1603 continues to read as follows:

    Authority: 2 U.S.C. 1220.


Sec. 1603.107  [Amended]

    2. In part 1603, in Sec. 603.107(d) revise the reference to 
``Office of Program Operations'' to read ``Office of Field 
Programs.''

    Dated: May 20, 1999.

    For the Commission.
Ida L. Castro,
Chairwoman.
[FR Doc. 99-13341 Filed 5-26-99; 8:45 am]
BILLING CODE 6570-06-M