EEOC Issues Final Rule Revising Procedural Regulations under Title VII, ADA, and GINA

Rule amends procedural regulations related digital transmissions, the deferral process to state and local agencies, and clarifies language in determination letters

On October 15, 2020 the EEOC published “Procedural Regulations Under Title VII, ADA, and GINA; Procedures-Age Discrimination in Employment” in the Federal Register. The final rule amends the Commission’s procedural regulations to:

1. Explicitly provide for digital transmissions of documents,

2. Clarify the process for deferral to state and local agencies,

3. Update no cause determination procedures, and

4. Correct typographical and textual errors.

History

EEOC published a notice of proposed rulemaking (NPRM) in the Federal Register on February 22, 2019 seeking comments on proposed revisions to the agency’s procedural regulations for charges of employment discrimination. The public comment period ended on or before April 23, 2019. On August 19, 2020 EEOC voted to send the final rule to the Office of Management and Budget (OMB) for review before publication in the Federal Register.

Amendments

The final rule does not make any changes to the charge filing process but amends the following portions of the regulations:

• Parts 1601 and 1626, to allow for the digital transmission of charge-related documents and memorialize changes that have been made over the past several years,
• Section 1601.18(a) to add language communicating that a dismissal includes a right to sue notice, and
• Section 1601.9(a) to add language clarifying the meaning of the issuance of a “no cause” determination, essentially, indicating that a “no cause” determination does not mean the claims have no merit.

The final rule is effective on November 16, 2020.