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Recordkeeping and reporting under Title VII and the ADA--EEOC. Final rule
Abstract:
This final rule is based on two separate Notices of Proposed Rulemaking (NPRM) published on February 13, 1989 (54 FR 6551), and March 5, 1991 (56 FR 9185). This final rule amends 29 CFR part 1602, EEOC's regulations on Recordkeeping and Reporting under title VII of the Civil Rights Act of 1964 (title VII), to add recordkeeping requirements under the Americans with Disabilities Act of 1990 (ADA). It increases the records retention period required in part 1602 for title VII and the ADA from 6 months to one year. The Commission also is adding a new subpart R to part 1602, 29 CFR 1602.56, that will clarify that the Commission has the authority to investigate persons to determine whether they comply with the reporting or recordkeeping requirements of part 1602. In addition, the Commission is making several minor changes to sections 1602.7 and 1602.10. The Commission also is deleting section 1602.14(b) of its title VII recordkeeping regulations, which provides that the section 1602 recordkeeping requirements do not apply to temporary or seasonal positions. Information regarding such employees now must be reported on Standard Form 100 on September 30 of each year, in the same fashion as information regarding permanent employees is reported. Similarly, the Commission is deleting sections 1627.3(b) and 1627.4(a)(2) of the Age Discrimination in Employment Act recordkeeping regulations, which provide for a 90-day retention period for temporary positions, and is clarifying the mandatory nature of such recordkeeping. The Commission is not issuing a final rule on proposed section 1602.57 at this time.
Insights
New EEOC recordkeeping rules extend retention periods for Title VII and ADA compliance to one year. These updates clarify investigative authority and reporting for all employees, including temporary and seasonal positions.
Area of Science:
- Employment Law
- Civil Rights Compliance
- Workplace Regulations
Background:
- The Equal Employment Opportunity Commission (EEOC) previously operated under recordkeeping and reporting regulations established for Title VII of the Civil Rights Act of 1964.
- The Americans with Disabilities Act of 1990 (ADA) necessitated updates to existing employment law frameworks.
- Prior regulations had differing retention periods and specific exclusions for temporary or seasonal positions.
Purpose of the Study:
- To amend EEOC recordkeeping and reporting regulations under Title VII of the Civil Rights Act of 1964.
- To incorporate and establish recordkeeping requirements for the Americans with Disabilities Act (ADA).
- To clarify the EEOC's authority to investigate compliance with reporting and recordkeeping mandates.
Main Methods:
- Publication of two Notices of Proposed Rulemaking (NPRM) on February 13, 1989, and March 5, 1991.
- Amendment of 29 CFR part 1602 to include ADA recordkeeping.
- Revision of record retention periods and deletion of specific exclusions for temporary/seasonal employees.
Main Results:
- Increased record retention period from 6 months to one year for Title VII and ADA compliance.
- Added a new subpart R (29 CFR 1602.56) clarifying EEOC's investigative authority.
- Eliminated the exclusion of temporary/seasonal positions from recordkeeping requirements, mandating reporting on Standard Form 100.
- Deleted specific provisions in Age Discrimination in Employment Act regulations concerning shorter retention periods for temporary positions.
Conclusions:
- The final rule standardizes and strengthens recordkeeping and reporting obligations for employers under federal civil rights laws.
- Employers must now maintain records for one year for both Title VII and ADA compliance.
- The EEOC has clarified its authority to ensure comprehensive compliance with these essential workplace regulations.