On February 22, 2019, the U.S. Equal Employment Opportunity Commission issued a Notice of Proposed Rulemaking (NPRM) to update its regulations and published them in the Federal Register.
The proposed rule was approved by an unanimous vote of the Commission on December 4, 2018. When federal agencies create new rules, they often invite public input before they become final rules. Members of the public who wish to comment on the proposed rule have 60 days from the date of publication to submit a public comment through www.regulations.gov.
Highlights of the Proposed Rules
The proposed rules state:
- Information, documents, and other communications may be submitted electronically or digitally.
- Even if the agency issues a “no cause” determination, that does not mean that the employer won the case.
- When an individual wants to file a charge in a state that has its own fair employment practices agency, the individual gets 300 days to file a charge instead of the usual 180 days if state fair employment laws apply to that type of discrimination.
- The EEOC is allowed to decide on its own to reconsider a determination of no cause even if the 90-day period for filing the suit had already expired.
- Age discrimination (ADEA) charges can be filed by someone acting on behalf of the injured party and that individual can ask to remain anonymous to the employer.
- The Age Discrimination in Employment Act is amended to include reference to the Genetic Information Nondiscrimination Act (GINA) in a section where it currently only mentions the Americans with Disabilities Act (ADA).
What Do The Changes Mean To Me?
If they become permanent, the proposed rules will change the deadlines for filing charges in some states. However, the deadlines only apply to certain forms of discrimination.
The proposed rules do not appear to affect deadlines for anyone filing in Nevada because the 300 day rule is already the case, but parties must still file within 180 days to preserve Nevada state discrimination claims.
If you have questions about the rule changes and what they mean to your employment or harassment law case, you should speak to an experienced employment law attorney for legal advice.
Experienced Employment Law Attorneys
If you have had an issue with workplace harassment and would like to speak with an experienced Las Vegas Employment Law Attorney, you should contact Anthem Injury Lawyers today at (702) 850-0202. Our law firm is experienced at dealing with harassment claims and offers free initial consultations.