Spring 2020 Regulatory Agenda Indicates Significant Labor and Employment RULE-MAKING

OFCCP has four rules on the docket and EEOC has 13 rules; over 60 rules have been identified by the Department of Labor

The federal regulatory agency for the spring 2020 has been released by the government.  This document outlines the regulatory and deregulatory actions agencies expect to take in the near future.  The Department and Labor (DOL) and the Equal Employment Opportunities Commission (EEOC) both have aggressive agendas. 

The DOL’s agenda is the most ambitious in the labor and employment space with over 60 rules on the docket.  The four rules for OFCCP include:

• Proposed Rule Stage – Affirmative Action Obligations of Federal Contractors and Subcontractors: Scope and Application of Programs.
• Final Rule Stage – Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors; TRICARE and Certain Other Health Care Providers. Final rule published July 2, 2020. See blog.
• Final Rule Stage – Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption. Final rule expected in August 2020.
• Final Rule Stage – Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination. Final rule expected in August 2020.

The EEOC’s regulatory agency has 13 rules on the docket.  The rules include:

• Prerule Stage – Amendments to the Regulations at 29 CFR Part 1602 to Provide for a Pay Survey. ANPRM expected in September 2020.
• Proposed Rule Stage – Official Time in the Federal Section Equal Employment Opportunity Process. Final action expected in September 2020.
• Proposed Rule Stage – Enforcement of Nondiscrimination on the Basis of Disability in EEOC Programs/Activities and Accessibility of Electronic and Information Technology.
• Proposed Rule Stage – Procedures for Previously Exempt State and Local Government Employee Complaints of Employment Discrimination Under Section 304 of the Government Employee Rights Act of 1991. NPRM expected in September 2020.
• Proposed Rule Stage – Amendments to Regulations Under the Americans with Disabilities Act. NPRM expected July 2020.
• Proposed Rule Stage – Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008. NPRM expected July 2020.
• Proposed Rule Stage – Guidelines on Covered Employment Relationships Under Title VII of the Civil Rights Act of 1964, Title I of ADA, Sections 501 and 505 of the Rehabilitation Act of 1973, Title II of GINA, and the ADEA. NPRM expected July 2020.
• Proposed Rule Stage – Regulation on Issuance of Guidance. The deadline for issuance of this regulation in final form is August 26, 2020.
• Proposed Rule Stage – Procedural Regulations on Conciliation. NPRM expected July 2020.
• Proposed Rule Stage – The Freedom of Information Act – Fees for Electronic Disclosure of Records. . NPRM expected July 2020.
• Proposed Rule Stage – Amendments to the Equal Pay Act Regulations – Definition of “Employer”, “Employee”, and “Employ”. NPRM expected July 2020.
• Proposed Rule Stage – Federal Sector Equal Employment Opportunity Process. NPRM expected in October 2020.
• Final Rule Stage – Procedural Regulations under Title VII, ADA, and GINA and Procedures – Age Discrimination in Employment Act. Final action expected September 2020.