[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Rules and Regulations]
[Page 5616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1932]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1603
RIN 3046-AA83
Procedures for Previously Exempt State and Local Government
Employee Complaints of Employment Discrimination Under Section 304 of
the Government Employee Rights Act of 1991; Revision
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule.
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SUMMARY: This document contains revisions to the final regulations
which were published in the Federal Register of Thursday, April 10,
1997 (62 FR 17543). The regulations pertain to the procedures by which
state and local government employees previously exempt from maintaining
claims of employment discrimination can pursue such claims.
DATES: Effective on February 7, 2007.
FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal
Counsel, or Gary John Hozempa, Senior General Attorney, at (202) 663-
4669 (voice) or (202) 663-7026 (TTY). This document also is available
in the following alternative formats: large print, braille, audiotape
and electronic file on computer disk. Requests for the final rule in an
alternative format should be made to the Equal Employment Opportunity
Commission's (EEOC) Publication Center at 1-800-669-3362 (voice), 1-
800-800-3302 (TTY), or 703-821-2098 (FAX--this is not a toll free
number).
SUPPLEMENTARY INFORMATION:
Background
Prior to the passage of the Government Employees Rights Act of 1991
(GERA), certain state and local government employees and applicants did
not enjoy Federal protection against employment discrimination based on
race, color, religion, sex, national origin, age, or disability. In
affording these individuals new equal employment opportunity
protections, GERA introduced an administrative enforcement mechanism
different from EEOC's pre-existing charge resolution procedures.
Consequently, EEOC created procedures for handling complaints brought
by individuals covered by GERA. These procedures are found in 29 CFR
Part 1603.
When 29 CFR Part 1603 was published initially, the legal citation
for GERA was 2 U.S.C. 1201 et seq. and that part of GERA applicable to
previously exempt state and local employees was 2 U.S.C. 1220. Due to a
re-codification and transfer, the citations for GERA have been changed
to 42 U.S.C. 2000e-16a et seq. and 42 U.S.C. 2000e-16c, respectively.
Similarly, in accordance with an amendment to GERA, section 321 was
renumbered as section 304.
Need for Revision
As published, the final regulations contain obsolete legal
citations which need to be updated.
List of Subjects in 29 CFR Part 1603
Administrative practice and procedure, Equal employment
opportunity, Intergovernmental relations, Investigations, State and
local governments.
For the Commission.
Dated: January 24, 2007.
Naomi C. Earp,
Chair.
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Accordingly, 29 CFR part 1603 is amended to read as follows:
PART 1603--PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL
GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER
SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991
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1. The authority citation for part 1603 is revised to read as follows:
Authority: 42 U.S.C. 2000e-16c.
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2. The heading to part 1603 is revised to read as set forth above.
Sec. 1603.100 [Amended]
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3. Amend Sec. 1603.100 to read as follows:
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a. Remove ``321'' and add in its place ``304.''
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b. Remove ``2 U.S.C. 1220'' and add in its place ``42 U.S.C. 2000e-
16c.''
Sec. 1603.101 [Amended]
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4. Amend Sec. 1603.101, introductory text, by removing ``321'' and
adding in its place ``304.''
[FR Doc. E7-1932 Filed 2-6-07; 8:45 am]
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