[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Rules and Regulations]
[Pages 13546-13547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05274]


=======================================================================
-----------------------------------------------------------------------

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1625

RIN 3046-AA58


Waivers of Rights and Claims in Settlement of a Charge or Lawsuit 
Under the Age Discrimination in Employment Act; Corrections

AGENCY: Equal Employment Opportunity Commission.

ACTION: Correcting Amendments.

-----------------------------------------------------------------------

SUMMARY: The EEOC is correcting a cross-reference in its regulation 
concerning the requirements for a valid waiver of an individual's right 
to file a lawsuit under the Older Workers Benefit Protection Act 
(OWBPA) amendments to the Age Discrimination in Employment Act (ADEA). 
This is a technical correction.

DATES: Effective Date: March 11, 2014.

FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff, Assistant Legal 
Counsel, or Raymond L. Peeler, Senior Attorney-Advisor, at (202) 663-
4640 (voice) or (202) 663-7026 (TTY). Requests for this document in an 
alternative format should be made to the Office of Communications and 
Legislative Affairs at (202) 663-4191 (voice) or (202) 663-4494 (TTY), 
or the Publications Information Center at 1-800-669-3362 (toll free).

SUPPLEMENTARY INFORMATION:

Background

    In the Older Workers Benefit Protection Act of 1990 (OWBPA), 
Congress established requirements for the knowing and voluntary release 
of claims under the Age Discrimination in Employment Act (ADEA).\1\ The 
OWBPA set basic requirements for all waivers of ADEA rights, and it 
imposed extra requirements when employers sought such waivers in 
connection with an exit incentive or group termination program. To 
implement the OWBPA, the EEOC issued a final negotiated rule at 29 CFR 
1625.22 in 1998.\2\
---------------------------------------------------------------------------

    \1\ Public Law 101-433, 104 Stat. 978 (codified at 29 U.S.C. 
626(f)).
    \2\ 63 FR 30624, 30631 (June 5, 1998) (EEOC Final Rule for 
Waiver of Rights and Claims under the ADEA).
---------------------------------------------------------------------------

Need for Correction

    The EEOC now corrects a cross-reference in 29 CFR 1625.22(g)(3), 
the provision that states the basic requirements for waiving ADEA 
rights when settling an ADEA charge or lawsuit. Where subsection (g)(3) 
should cross reference the rule's ``knowing and voluntary'' 
requirements applicable to all ADEA waivers, it instead references the 
rule's additional requirements for group termination programs. 
Therefore, the EEOC now replaces the incorrect language in 29 CFR 
1625.22(g)(3) (``set out in paragraph (f) of this section''), with 
language referencing the rule's general waiver requirements (``set out 
in paragraphs (b), (c), and (d) of this section.'').

Changes to Authority Citation

    This rule also contains several changes to the existing authority 
citation for 29 CFR Part 1625. Some of these changes update existing 
citations to comply with Federal Register formatting conventions. 
Others streamline and consolidate several references to the Age 
Discrimination in Employment Act. The revisions also add Executive 
Order 12067 due to its discussion of the EEOC's leadership role in age 
discrimination in employment and the EEOC's responsibilities with 
respect to federal regulations concerning employment discrimination.

Retrospective Regulatory Review

    Although the EEOC's rulemaking on waivers of rights and claims 
under the

[[Page 13547]]

ADEA is not currently a priority for regulatory review, the Commission 
is taking this action, consistent with the EEOC Plan for Retrospective 
Analysis of Existing Rules,\3\ based on stakeholder input and efforts 
to enhance clarity in the EEOC's regulations.\4\
---------------------------------------------------------------------------

    \3\ A copy of the EEOC's Final Plan for Retrospective Analysis 
of Existing Regulations is available at http://www.eeoc.gov/laws/regulations/retro_review_plan_final.cfm (last visited Oct. 5, 
2012).
    \4\ This error was brought to the EEOC's attention by attorneys 
inquiring about the requirements for settling a charge of age 
discrimination.
---------------------------------------------------------------------------

Regulatory Procedures

    The Commission finds that public notice-and-comment on this rule is 
unnecessary, because the revision makes no substantive change; it 
merely corrects an internal cross-referencing error. The rule is 
therefore exempt from the notice-and-comment requirements of 5 U.S.C. 
553(b) under 5 U.S.C. 553(b)(B). This technical correction also is not 
``significant'' for purposes of Executive Order 12866, as reaffirmed by 
E.O. 13563, and therefore is not subject to review by Office of 
Management and Budget.

Regulatory Analysis

    Since this technical correction contains no substantive changes to 
the law, EEOC certifies that it 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), it requires 
no formal cost-benefit analysis pursuant to E.O. 12866, it creates no 
significant impact on small business entities subject to review under 
the Regulatory Flexibility Act, and it imposes no new economic burden 
requiring further analysis under the Unfunded Mandates Reform Act of 
1995.

Congressional Review Act

    This correction is defined as a rule under the Congressional Review 
Act, but not as a major rule. As a result, it was provided to Congress 
and the General Accountability Office pursuant to the requirements of 5 
U.S.C. 801 as interpreted by Office of Management and Budget Memorandum 
M-99-13.

List of Subjects in 29 CFR Part 1625

    Advertising, Age, Employee benefit plans, Equal employment 
opportunity, and Retirement.

    For the reasons stated in the preamble, the Equal Employment 
Opportunity Commission amends 29 CFR Part 1625 as follows:

PART 1625--AGE DISCRIMINATION IN EMPLOYMENT ACT

0
1. The authority citation for 29 CFR Part 1625 is revised to read as 
follows:

    Authority:  29 U.S.C. 621-634; 5 U.S.C. 301; Pub. L. 99-502, 100 
Stat. 3342; Secretary's Order No. 10-68; Secretary's Order No. 11-
68; sec. 2, Reorg. Plan No. 1 of 1978, 43 FR 19807; Executive Order 
12067, 43 FR 28967.


0
2. Revise Sec.  1625.22(g)(3) to read as follows:


Sec.  1625.22  Waivers of rights and claims under the ADEA.

* * * * *
    (g) * * *
    (3) The standards set out in paragraphs (b), (c), and (d) of this 
section for complying with the provisions of section 7(f)(1)(A)-(E) of 
the ADEA also will apply for purposes of complying with the provisions 
of section 7(f)(2)(A) of the ADEA.
* * * * *

    Dated: March 5, 2014.

    For the Commission.
Jacqueline A. Berrien,
Chair.
[FR Doc. 2014-05274 Filed 3-10-14; 8:45 am]
BILLING CODE 6570-01-P