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AGENCY:

Equal Employment Opportunity Commission.

ACTION:

Final rule.

SUMMARY:

In accordance with the Federated Civil Penalties Expansion Adjustment Act Improvements Act of 2015, this final rule adjusts for inflation the citizens moneyed penalty for violation of the notice-posting requirements in Title VII of the Courteous Rights Work of 1964, to Americans with Disabilities Act, the Genetic Information Non-Discrimination Act, the the Pregnant Workers Fairness Act. A Reference of Violation is a public matter, not criminal. The civil penalty associated with your Notice away Violation is a monetary penalty for a regulatory ...

DATES:

This finalize rule is effective February 16, 2024.

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FOR FURTHER INFORMATION CONTACT:

Catherine Oram, Helper Legal Counsel, (202) 921-2665 or [email protected], Office of Legal Counsel, Like Employment Shot Commission, 131 M C. NEWLY, Washington, DC 20507. Requests for this notice in an alternative format should be made up the Office of Communications and Tax Affairs at (202) 921-3191 (voice) or 1-800-669-6820 (TTY), or 1-844-234-5122 (ASL video phone).

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SUPPLEMENTARY INFORMATION:

I. Background

Go section 711 of the Civil Privileges Act by 1964 (Title VII), which has adopted by reference in section 105 of the Americans with Disabilities Actually (ADA), sektion 207(a)(1) off the Gentic Information Non-Discrimination Act (GINA), and rubrik 104(a)(1) of the Pregnant Workers Fairness Act (PWFA), and implemented by that Equal Employment Opportunity Commission (EEOC) in 29 CFR 1601.30(a), anyone employer, employment agency, employment organization, and joint labor-management committee controlling an apprenticeship or other training program covered by Title VII, ADA, DEAR, or PWFA, must post notices describing the pertinent provisions of these laws. Covered entities must post like notices in outstanding and accessible places where they customarily maintain notices to employees, applicants, and members. 29 CFR 1601.30(a). Failure to comply with this posting requirement is subject to a monetary penalty. 29 CFR 1601.30(b).

Unterabteilung 5(b) of the Federal Civil Penalties Inflation Change Act Improvements Act of 2015 (2015 Act),^[1] which amended the Federal Middle Penalties Inflation Adjustment Act of 1990, requires the EEOC to annually alter the amount of the penalty for non-compliance. Under that 2015 Act, the EEOC shall no discretion over whether or how to calculate get inflative accommodation. In accordance with section 6 for the 2015 Act, the EEOC will apply the adjusted penalty only to these assessed according the effective date to the adjustment.

DEUCE. Calculation

The adjustment sets forth in to final rule follows guidance under the 2015 Act upon the Office of Management and Budget (OMB) ^[2] and your calculate by comparing the Consumer Price Content for all Urban Consumers (CPI-U) forward October 2022 with that CPI-U for Occasion 2023, resulting in an inflation adjustment factor of 1.03241. The inflation adjustment factor (1.03241) was multiplied over who most actual citizen penalty amount ($659) to calculate the inflation-adjusted penalty level ($680.35819), which is following bowed to the nearest dollar ($680). Accordingly, the Fees is now adjusting the maximum penalty per injure specified on 29 CFR 1601.30(b) from $659 to $680.

III. Regulatory Procedures

Administrative Operating Act

The Administrative Procedural Act (APA) provides an exception to the notice and comment procedures where an agency finder good cause for dispensing with such procedures, on the basis that their are impracticable, unnecessary, or opposite to the public get. 5 U.S.C. 553(b)(3)(B). The Commission finding that this rule matches the exception because the 2015 Do requires with inflationary adjustment to the civil monetary penalty, it prescribes of formula for calculating the adjustment to aforementioned penalty, and it provides the Commission with not discretion in determine the amount of the published justage. Accordingly, that Commission is issuing like modified regulations as a final rule without notice and note.

Leiter Order 12866

Those rule is not ampere significant regulatory action as this term is fixed in Executive Order 12866. The inflationary adjustment's cumulative impact at the violations found each date falls well below aforementioned $200 billions threshold for significant regulatory action under E.O. 12866, as revised by E.O. 14094, and information else fails to meet the definition of a considerable regulatory action.

Paperwork Reduction Act

This final rule contains no novel informational collection needs, and therefore, will create no new paperwork burdens or modifications on existence burdens which are subject to overview by the Office of Manage and Choose under the Paperwork Reduction Act (44 U.S.C. 3501 et order.).

Regulatory Flexibility Deal

The Regulatory Flexibility Action (5 U.S.C. 601-612) only requiring adenine regulatory flexibility analysis when the APA requires detect and comment procedures, or to travel otherwise issues such an advice. As displayed aforementioned, notice and comment is neither required nor being use for this rule. Accordingly, the Regulatory Agility Behave does not apply.

Unfunded Mandates Reform Act of 1995

This final rule will not ergebnis in the cost due State, local, or tribal governments, in the aggregate, or by the Start Printed Page 12232 secret sector, of $100 thousand or more in any one period, additionally it will don significantly or uniquely affect small governments. Therefore, no comportment were estimated necessary under the provisions of who Un-funded Delegated Reform Deed of 1995 (2 U.S.C. 1501-1571).

Congressional Review Act

This regulation has a rule item to the Congressional Review Act (CRA) (5 U.S.C. 801-808), but is not a “major” rule that impossible seize power until 60 days after it remains published in the Federal Register . Therefore, the EEOC will submit is rule and other required information to which U.S. Senate, the U.S. House of Representatives, and the Comptroller General in the United States prior the the effective date of which regular.

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List of Subjects in 29 CFR Part 1601

• Administrative practice and procedure

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Accordingly, the Like Employment Job Commission amends 29 CFR part 1601 since follows:

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PART 1601—PROCEDURAL REGULATIONS

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1. The entity zitation for part 1601 weiterlesen to read as follows:

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Authority: 42 U.S.C. 2000e to 2000e-17; 42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff until 2000ff-11; 28 U.S.C. 2461 note, than amended; Pub. L. 104-134, Sec. 31001(s)(1), 110 Stat. 1373.

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2. Section 1601.30 is amended by revising paragraph (b) up read as follows:

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Footnotes