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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations Paperwork Reduction Act

2. Amend 1601.24 by adding paragraphs d, e, and f to read as follows:

This rule contains no new information collection requirements subject to review by the Office of Management and Budget under the Paperwork Reduction Act 44 U.S.C.
chapter 35.

1601.24 Conciliation: Procedure and authority.

Regulatory Flexibility Act The Commission certifies under 5
U.S.C. 605b that this rule will not have a significant economic impact on a substantial number of small entities because it applies exclusively to employees and agencies of the federal government and does not impose a burden on any business entities. For this reason, a regulatory flexibility analysis is not required.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act While the Commission believes the rule is a rule of agency procedure that does not substantially affect the rights or obligations of non-agency parties and, accordingly, is not a rule as that term is used by the Congressional Review Act Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, it will still follow the reporting requirement of 5 U.S.C. 801. This is not a major rule as the term is defined in 5 U.S.C. 8042.
List of Subjects in 29 CFR Parts 1601
and 1626
Administrative practice and procedure, Equal Employment Opportunity.
For the Commission.
Janet Dhillon, Chair.

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For the reasons set forth in the preamble, the Commission amends 29
CFR parts 1601 and 1626 as follows:
PART 1601PROCEDURAL
REGULATION
1. The authority citation for part 1601
continues to read as follows:

Authority: 42 U.S.C. 2000e to 2000e17;
42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to 2000ff11.

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d In any conciliation process pursuant to this section, after the respondent has agreed to engage in conciliation, the Commission will:
1 To the extent it has not already done so, provide the respondent with a written summary of the known facts and non-privileged information that the Commission relied on in its reasonable cause finding, including identifying known aggrieved individuals or known groups of aggrieved individuals for whom relief is being sought, unless the individuals has requested anonymity.
In the event that it is anticipated that a claims process will be used subsequently to identify aggrieved individuals, to the extent it has not already done so, identify for respondent the criteria that will be used to identify victims from the pool of potential class members. In cases in which that information does not provide an accurate assessment of the size of the class, for example, in harassment or reasonable accommodation cases, the Commission shall provide more detail to respondent, such as the identities of the harassers or supervisors, if known, or a description of the testimony or facts we have gathered from identified class members during the investigation. The Commission will disclose the current class size and, if class size is expected to grow, an estimate of potential additional class members to the extent known;
2 To the extent it has not already done so, provide the respondent with a written summary of the Commissions legal basis for finding reasonable cause, including an explanation as to how the law was applied to the facts. In addition, the Commission may, but is not required to, provide a response to the defenses raised by respondent;
3 Provide the respondent with the basis for monetary or other relief, including the calculations underlying the initial conciliation proposal and an explanation thereof in writing. A
written explanation is not required for subsequent offers and counteroffers;
4 If it has not already done so, and if there is a designation at the time of the conciliation, advise the respondent in writing that the Commission has designated the case as systemic, class, or pattern or practice as well as the basis for the designation; and 5 Provide the respondent at least 14
calendar days to respond to the
PO 00000

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Commissions initial conciliation proposal.
e The Commission shall not disclose any information pursuant to paragraph d of this section where another federal law prohibits disclosure of that information or where the information is protected by privilege.
f Any information the Commission provides pursuant to paragraph d of this section to the Respondent, except for information about another charging party or aggrieved individual, will also be provided to the charging party, upon request. Any information the Commission provides pursuant to paragraph d of this section about an aggrieved individual will also be provided to the aggrieved individual, upon request.
PART 1626PROCEDURESAGE
DISCRIMINATION IN EMPLOYMENT
ACT
1. The authority citation for part 1626
continues to read as follows:

Authority: Sec. 9, 81 Stat. 605, 29 U.S.C.
628; sec. 2, Reorg Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321.

2. Revise 1626.12 to read as follows:

1626.12 Conciliation efforts pursuant to section 7d of the Act.

a Upon receipt of a charge, the Commission shall promptly attempt to eliminate any alleged unlawful practice by informal methods of conciliation, conference, and persuasion. Upon failure of such conciliation the Commission will notify the charging party. Such notification enables the charging party or any person aggrieved by the subject matter of the charge to commence action to enforce their rights without waiting for the lapse of 60 days.
Notification under this section is not a Notice of Dismissal or Termination under 1626.17.
b In any conciliation process pursuant to this section the Commission will:
1 If it has not already done so, provide the respondent with a written summary of the known facts and nonprivileged information that form the basis of the allegations, including identifying known aggrieved individuals or known groups of aggrieved individuals, for whom relief is being sought, but not if the individuals has requested anonymity. In the event that it is anticipated that a claims process will be used subsequently to identify aggrieved individuals, if it has not already done so, identify for respondent the criteria that will be used to identify victims from the pool of potential class members;

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