The EEOC has outlined plans to revoke a number of sets of guidance, including several affecting federal workplace matters either directly or indirectly, which it says have been overtaken by events since they were issued.
Of the most direct impact in the federal workplace would be revoking guidance an executive order to prohibit discrimination in federal employment based on genetic information, in light of the later passage of the Genetic Information Nondiscrimination Act.
“Some of the information in the guidance is misleading or outdated. For example, the executive order permitted federal agencies to collect family medical history related to current medical conditions that were the subject of lawful medical examinations of employees. Title II of GINA, which applies to private, state and local, and federal employers, categorically prohibits acquisition of family medical history as part of an otherwise lawful employment-related medical examination,” the EEOC said.
Similarly, the EEOC said that court rulings, changes in law, or its own later interpretations have made obsolete a dozen other guidance documents on matters including age discrimination, affirmative action, disparate treatment, determinations of whether a person is deemed to have a disability, and more.
It said those documents were identified by an internal working group as candidates for elimination; votes by the EEOC governing board will be needed to rescind those initially issued in response to such votes.