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

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.

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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 (202) 663-4669 or TDD (202) 663-7026. 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

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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]

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