RESPONSIBILITY The EEO Programs Office is responsible for the administration and interpretation of this policy. This policy will be reviewed and updated as necessary at least every five years. In It is the policy of the Board of Governors to provide equal employment and programs. DEFINITIONS A "handicapped person" is defined as an individual who has a physical or mental "Reasonable accommodation" includes such actions as making facilities The Board's program accomplishment report, and plans for recruitment, The Board's Rules Regarding Equal Opportunity describe procedures for addressing potential complaints of employment discrimination on the basis of a handicap. The individuals designated as EEO counselors are listed in the GUIDELINES (cont'd) current Board Affirmative Action Program Plan and are available to provide assistance to all handicapped applicants and employees. RESPONSIBILITY Responsibility for Boardwide implementation of this policy is assigned to the Handicapped Program Coordinator located in the Board's EEO Program Office. Recruitment and placement efforts are coordinated by the Handicapped Placement Coordinator located in the Division of Personnel. This policy will be reviewed and updated as necessary five years from the date of its present publication. 9517 Rules and Regulations This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. FEDERAL RESERVE SYSTEM 12 CFR Part 268 [Docket No. R-0797] * Rules Regarding Equal Opportunity AGENCY: Board of Governors of the ACTION: Interim Rule with request for comments. SUMMARY: The Board of Governors of the Federal Reserve System (the Board) has revised and reissued its Rules Regarding Equal Opportunity (Rules) to conform those Rules as closely as possible to the Equal Employment Opportunity Commission's (the Commission's) new complaint processing regulation, "Federal Sector Equal Employment Opportunity" (effective October 1, 1992). These Rules are hereby issued as an interim rule, with opportunity for public comment, to insure that all complaints currently pending at the Board, and which may in the near future be filed, are processed under procedures following those contained in the Commission's regulations for agencies subject to its jurisdiction. This interim rule deviates from the Commission's procedures only where necessary consistent with the Board's longstanding practice as embodied in the previous Rules. The Board believes that issuance of these Rules as an interim rule is necessary to avoid confusion among management and staff and to insure full compliance with the Commission's new procedural model. DATES: Effective date. February 18, 1993. Comment date. Comments should be received by April 19, 1993. ADDRESSES: Written comments, which should refer to Docket No. R-0797, may be mailed to the Board of Governors of the Federal Reserve System, 20th and C Street, NW, Washington, DC 20551, Attention: Mr. William W. Wiles, Secretary, or may be delivered to the Board's mail room between 9:00 am and 5:00 pm. All comments received may be inspected at Room B-1122 between 9:00 am and 5:00 pm, Monday through Friday, except as provided in § 261.8(a) of the Board's Rules Regarding Availability of Information. FOR FURTHER INFORMATION CONTACT: Stephen L. Siciliano, Special Assistant to the General Counsel for Administrative Law (202/452-3920), or J. Mills Williams, Senior Attorney (202/ 452-3701), Legal Division, Board of Governors of the Federal Reserve System. For the hearing impaired only, Telecommunication Device for the Deaf (TDD), Dorothea Thompson (202/4523544), Board of Governors of the Federal Reserve System. 20th and C Street, NW, Washington, DC 20551. SUPPLEMENTARY INFORMATION: The Board as a matter of policy has long recognized that it should afford to its employees, applicants for employment, and others the same substantive and procedural rights as are enjoyed by persons in their dealings with other government agencies. Pursuant to this policy, the previous part 268 was issued by the Board to provide equal opportunity in employment in compliance with the letter and spirit of Title VII of the Civil Rights Act of 1964, as amended. Also pursuant to this policy, part 268 was extensively amended in 1985 to provide for the Commission's review of Board decisions on individual and class complaints of discrimination, and to extend the Board's policy to rights granted federal employees by the Rehabilitation Act, 29 U.S.C. 791, the Age Discrimination in Employment Act, 29 U.S.C. 621 et seq. (ADEA), and the Equal Pay Act, 29 U.S.C. 206(d). Pursuant to this policy, the Board has designated an EEO Programs Officer, a Federal Women's Program Manager, a Hispanic Program Coordinator and a Handicapped Program Coordinator, and has formulated and implemented affirmative action plans which are routinely submitted to the Commission for review and guidance. Part 268 has not been updated in several years. Except for the addition of subpart I regarding employment of noncitizens under the Immigration Reform and Control Act of 1986, part 268 has not been amended since 1985. During that time, however, the Commission has made several modifications to its federal agency complaint processing regulation, Federal Register Monday, February 22, 1993 29 CFR part 1613, culminating in the promulgation of a new complaint processing regulation which became effective October 1, 1992. 29 CFR part 1614, 57 FR 12633, April 10, 1992. It continues to be the Board's policy to comply with the Commission's procedures to the greatest extent possible consistent with the provisions of the Federal Reserve Act that govern the Board's administration and the supervision of its staff. Accordingly, this interim rule deviates from the Commission's regulation only to the extent required by provisions of the Federal Reserve Act-principally Section 10(4), 12 U.S.Ċ. 244, which provides that matters relating to employment are governed by the Federal Reserve Act rather than by provisions of Title 5, United States Code. See, In the Matter of Federal Reserve Board-Applicability of Senior Executive Service, 58 Comp. Gen. 687 (1979). The Commission has indicated that part 1614 applies to all pending complaints, including those commenced before October 1, 1992. On November 9, 1992, the Board's Staff Director for Management through an announcement from its EEO Programs Officer, acting pursuant to 12 CFR 268.203(c), changed certain time limits and other technical aspects of the Board's complaint processing procedures to facilitate compliance with the Commission's new model pending the adoption of revisions to part 268. No substantive changes have been made to Subpart J (Employment of Noncitizens) or to Subpart G (Prohibition Against Discrimination In Board Programs And Activities Because Of A Physical Or Mental Handicap), except that subpart J has been moved to § 268.304. Certain provisions of previous subpart G have been clarified. and other provisions have been deleted because those provisions, issued in 1985, committed the Board to take certain transition plan actions within time limits specified in that regulation, and those actions have been taken. Section 268.204(f) establishes the relationship between the Board's EEO complaint procedures and the Board's Adjusted Work Related Problems ("grievance") procedure. This section applies only to the Board's Adjusted Work Related Problems procedures and not to the Board's PMP Appeal 9518 Federal Register / Vol. 58, No. 33 / Monday, February 22, 1993 / Rules and Regulations Procedures, however. The PMP Appeal Procedures, which permit an employee to challenge his or her performance evaluation, are a unique procedure which is not suitable for the resolution of complaints of discrimination. The PMP Appeal Procedures state that appeals that rest on claims of prohibited discrimination must be addressed under part 268 rather than under the PMP Appeal Procedures. Since the Board has no negotiated grievance procedure, the Board has not included a provision that parallels 29 CFR 1614.301. These Rules contain no provision for mixed case complaints like those contained in 29 CFR part 1614. Subpart C. Merit System Protection Board jurisdiction over the Board and its employees is limited to certain complaints arising out of adverse actions. In addition, the Board is not subject generally to provisions governing the employment of government employees set out in Title 5. United States Code. Accordingly, many of the statutory and regulatory references set out in 29 CFR part 1614, Subpart C, regarding mixed case complaints, are simply not applicable to the Board. The Board believes that adoption of the provisions for mixed case complaints would be incorrect as a matter of law and would unnecessarily complicate and confuse the EEO complaint process. The Board believes, however, that in those rare cases in which the MSPB may have concurrent jurisdiction over a complaint of discrimination at the Board, processing of matters under the Board's Rules Regarding Equal Opportunity may be deferred to permit employees to pursue remedies before the MSPB consistent with the procedures established in the Commission's regulation. The Board's EEO Programs Officer may suspend processing of the complaint under the Board's revised Rules to facilitate processing of the matter before the MSPB, as appropriate. For similar reasons, the revised provisions regarding enforcement and remedies (Subpart E) differs somewhat from the corresponding provision of 29 CFR part 1614. For example, the Commission's provision regarding actions by the Office of the Special Counsel is not included, since the Office of Special Counsel operates under statutory provisions that are not applicable to the Board. Otheprovisions of the Commission's regulation, such as § 1614.503(d) concerning Commission referrals, need not be included in a regulation of the The Board has revised the provision in its previous Rules regarding the ADEA statute of limitations. 12 CFR 268.505 (1985). This provision was adopted in 1985 on the recommendation of the Commission based upon the Commission's view of applicable law at the time. The Commission has reviewed this issue and has changed its view regarding the applicable limitation period based in large measure upon case law since the Board's Rules were last revised. See 57 FR 12639, April 10, 1992. Consistent with the views of the Commission, the Board believes that a 90 day statute of limitations may apply to lawsuits brought under the ADEA by individuals who have filed administrative complaints. The Board also believes, however, that determination of the applicable statute of limitations in the absence of a specific statutory provision is a matter for the courts. Accordingly, the Board does not include in these Rules a statement of the applicable statute of limitations. The Board concurs, however, with the Commission's views regarding the applicable statutes of limitations as set forth by the Commission when it issued 29 CFR part 1614, 57 FR 12633, April 10, 1992. In addition, the Board agrees with the Commission that agency regulations should not address the statute of limitations applicable when suit is brought by a complainant who has given the Commission a notice of intent to sue in lieu of filing an administrative complaint. The Board has also adopted the Commission's view regarding reassignment as a remedy under Section 504 of the Rehabilitation Act. See 57 FR 12652, April 10, 1992. Like the previous part 268, this interim rule does not apply generally to employees of Federal Reserve Banks. The only exception is $268.304, which applies to bank and bank holding company examiners credentialed by the Board. Since 1964, Federal Reserve Banks have been subject to the prohibitions of discrimination in employment contained in Title VII of the Civil Rights Act of 1964. Complaints of discrimination against Federal Reserve Banks are routinely filed with regional offices of the Commission and processed in accordance with the Commission's regulations and procedures governing such complaints. See Cooper v. Federal Reserve Bank of Richmond, 467 U.S. 867 (1984). Section 268.601 differs from 29 CFR 1614.601 by the addition of qualifying language to indicate that administration and disclosure of records regarding EEO with these Rules and other applicable laws and regulations such as, for example, the Privacy Act. 5 U.S.C. 552a. Issuance of these Rules as an interim rule is appropriate because these Rules apply substantive law consistent with the Commission's regulations, and because having a conforming regulation in place will insure proper functioning of the Board's Equal Opportunity Program. Accordingly, the Board has determined that it is unnecessary and would not be in the public interest to solicit public comments prior to implementation of these Rules, and that good cause exists to make these Rules effective immediately as an interim rule rether than deferring the effective date by 30 days. 5 U.S.C. 553(b)(B) and (d)(3). The Board will consider all public comments that are received and will revise these Rules in accordance with those comments as appropriate. Regulatory Flexibility Act Analysis Pursuant to Section 605(b) of the Regulatory Flexibility Act (Pub. L. 96354, 5 U.S.C. 601 et seq.), the Board certifies that these Rules will not have a significant economic impact on a substantial number of small entities. These Rules govern the Board's dealings with its employees, applicants for employment and others affected in a like manner. List of Subjects in 12 CFR Part 288 Administrative practice and procedure, Age, Americans with disabilities, Civil rights, Equal employment opportunity, Federal buildings and facilities. Federal Reserve System, Government employees, Religious discrimination, Sex discrimination, Wages. For the reasons set out in the preamble, Chapter II of the Code of Federal Regulations is amended by revising 12 CFR part 268 to read as follows: 268.202 Board program for equal employment opportunity. 268.203 Complaints of discrimination covered under this part. |