The United States Equal Employment Opportunity Commission (EEOC) issued proposed regulations that were published in the February 22 edition of the Federal Register. For the most part, the proposed regulations simply make “official” what the agency has been doing for years. But they contain a few interesting substantive provisions, too.

Substantive proposals

Time for filing in “deferral” states. In a proposed change that would probably be helpful to employers and charging parties in “deferral” states, the EEOC would clarify the time allotted for filing a discrimination charge in these states.

When a state has its own fair employment practices agency, the individual has 300 days to file a charge instead of the usual 180 days. Under the proposed regulations, the individual in a deferral state would get only 180 days to file a charge if the state fair employment practices statute didn't apply at all to the type of discrimination being alleged. For example, if the state statute didn't prohibit discrimination based on religion, then an employee filing a religious discrimination charge with the EEOC in that state would have to file it within 180 days, not 300 days.