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OE Companion Discussion Group

The Department just clarifies, via § 106.6(f), that individuals, such as staff, also may perhaps have rights under Title VII, and these remaining restrictions do not derogate all those legal rights. This commenter asserted that § 106.44(b)(2) would deliver that the Department ordinarily accepts the recipient's factual determinations regarding duty and would not deem it as deliberately indifferent entirely for the reason that the Assistant Secretary would have achieved a different outcome. Finally, at the very least one commenter misunderstands what the Department usually means in § 106.6(f). The Department is not stating in § 106.6(f) that these closing polices do not implement to personnel or that recipients who receive Federal fiscal guidance need to only comply with Title VII with respect to employees. The Department acknowledges that the Assistant Secretary will not 2nd-guess a recipient's determination regarding responsibility less than § 106.44(b)(2). These ultimate restrictions, even so, do not implement to the EEOC and do not dictate how the EEOC will administer Title VII or its employing polices.