Labor & Employment Law Daily Wrap Up, FEDERAL REGULATIONS—EEOC finalizes amendments to recordkeeping, reporting requirements, (Jan 9, 2025)

By Patricia K. Ruiz, J.D.

The EEOC adopted the proposed version of its amendments without revision.

A final rule by the Equal Employment Opportunity Commission (EEOC) amends its regulations regarding recordkeeping and reporting requirements. The final rule delegates authority for making determinations on hardship exemption applications, defines the procedure for applying for exemptions, and provides a non-exhaustive list of criteria for considering exemption applications. The amendments become effective January 10, 2025 (Final rule, 90 Fed. Reg. 1876 (Jan. 10, 2025)).

The final rule amends 29 CFR part 1602 to create a new subpart addressing applications for exemptions applicable to all EEO reports required under Title VII of the Civil Rights Act of 1965, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act. The new subpart replaces the existing separate provisions addressing undue hardship applications for the six equal employment opportunity reports (EEO). As such, the final rule also removes 29 CFR 1602.10, 1602.18, 1602.25, 1602.35, 1602.44, and 1602.53. The final rule revises regulations to delegate to its chief data officer (CDO) or the CDO’s designee the authority to make determinations on exemption applications. Additionally, the final rule establishes express procedures for exemption applications and delineates the criteria used for assessing exemption applications.

Following the publication of its Notice of Proposed Rulemaking on October 11, 2024, the EEOC received two brief comments from individuals emphasizing the importance of efficiency in the EEOC’s processing of hardship exemptions. Neither comment suggested changes to the text of the proposed rule. The EEOC adopted all of its proposed amendments without revision.

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