[Federal Register: October 29, 1999 (Volume 64, Number 209)] [Rules and Regulations] [Page 58333-58334] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr29oc99-7] ======================================================================= ----------------------------------------------------------------------- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Parts 1604 and 1606 Sex Discrimination Guidelines and National Origin Discrimination Guidelines AGENCY: Equal Employment Opportunity Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule rescinds those paragraphs of the Equal Employment Opportunity Commission's (EEOC's) Sex Discrimination Guidelines and National Origin Discrimination Guidelines that set a standard for employer liability for harassment by supervisors. This action is necessary as a result of recent Supreme Court rulings. EFFECTIVE DATE: October 29, 1999. FOR FURTHER INFORMATION CONTACT: Dianna Johnston, Assistant Legal Counsel, Title VII/ADEA/EPA Division, Office of Legal Counsel, or Elaine Herskowitz, Senior Attorney/Advisor, Title VII/ADEA/EPA Division, Office of Legal Counsel. They can be reached at 202-663-4679. This final rule is also available in the following formats: large print, braille, electronic file on computer disk, and audio-tape. Copies may be obtained from the EEOC's Publication Center by calling 1- 800-669-3362 (voice) or 1-800-669-6820 (TDD). SUPPLEMENTARY INFORMATION: The EEOC is rescinding those subsections of the Sex Discrimination Guidelines, found in 29 CFR 1604.11(c), and the National Origin Discrimination Guidelines, found in 29 CFR 1606.8(c), that address employer liability for harassment by supervisors. The standard set forth in those subsections is no longer valid in light of the Supreme Court's rulings in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The Commission has issued detailed guidance interpreting those decisions and explaining the circumstances under which employers are vicariously liable for unlawful harassment by supervisors. See EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (6/18 /99), EEOC Compliance Manual (BNA), N:4075 [Binder 3]; also available through EEOC's web site, at www.eeoc.gov, or by calling the EEOC Publications Distribution Center, at 1-800-669-3362 (voice), 1-800-800-3302 (TTY). [[Page 58334]] Regulatory Procedures Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act (Public Law 96- 354, as amended by Public Law 104-121), the Commission has reviewed this regulation, and by approving it, certifies under 5 U.S.C. 605(b) that this regulation will not have a significant economic impact on a substantial number of small entities. Executive Order 12866 This rule is not a significant regulatory action as defined in Executive Order 12866 and is therefore not subject to review by the Office of Management and Budget. List of Subjects 29 CFR Part 1604 Advertising, Employee benefit plans, Equal employment opportunity, Sex discrimination. 29 CFR Part 1606 Equal employment opportunity. For the Commission, Ida L. Castro, Chairwoman. PART 1604--[AMENDED] 1. The authority citation for part 1604 continues to read as follows: Authority: Sec. 713(b), 78 Stat. 265, 42 U.S.C. 2000e-12. 2. Section 1604.11 is amended by removing and reserving paragraph (c). 3. Section 1604.11 is amended by adding Appendix A at the end of the section to read as follows: Sec. 1604.11 Sexual harassment. * * * * * Appendix A to Sec. 1604.11--Background Information The Commission has rescinded Sec. 1604.11(c) of the Guidelines on Sexual Harassment, which set forth the standard of employer liability for harassment by supervisors. That section is no longer valid, in light of the Supreme Court decisions in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The Commission has issued a policy document that examines the Faragher and Ellerth decisions and provides detailed guidance on the issue of vicarious liability for harassment by supervisors. EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (6/18/99), EEOC Compliance Manual (BNA), N:4075 [Binder 3]; also available through EEOC's web site, at www.eeoc.gov., or by calling the EEOC Publications Distribution Center, at 1-800-669-3362 (voice), 1-800- 800-3302 (TTY). PART 1606--[AMENDED] 4. The authority citation for part 1606 continues to read as follows: Authority: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. 5. Section 1606.8 is amended by removing and reserving paragraph (c). 6. Section 1606.8 is amended by adding Appendix A at the end of the section to read as follows: Sec. 1606.8 Harassment. * * * * * Appendix A to Sec. 1606.8--Background Information The Commission has rescinded Sec. 1606.8(c) of the Guidelines on National Origin Harassment, which set forth the standard of employer liability for harassment by supervisors. That section is no longer valid, in light of the Supreme Court decisions in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The Commission has issued a policy document that examines the Faragher and Ellerth decisions and provides detailed guidance on the issue of vicarious liability for harassment by supervisors. EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (6/18/99), EEOC Compliance Manual (BNA), N:4075 [Binder 3]; also available through EEOC's web site, at www.eeoc.gov., or by calling the EEOC Publications Distribution Center, at 1-800-669-3362 (voice), 1-800- 800-3302 (TTY). [FR Doc. 99-28291 Filed 10-28-99; 8:45 am] BILLING CODE 6570-01-P