cfr_sections
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46 rows where part_number = 1601 and title_number = 29 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:4.1.4.1.2.0.17.1 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | § 1601.1 Purpose. | EEOC | [89 FR 11169, Feb. 14, 2024] | The regulations set forth in this part contain the procedures established by the Equal Employment Opportunity Commission for carrying out its responsibilities in the administration and enforcement of title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and the Pregnant Workers Fairness Act. Section 107 of the Americans with Disabilities Act, section 207 of the Genetic Information Nondiscrimination Act, and section 104 of the Pregnant Workers Fairness Act incorporate the powers, remedies and procedures set forth in sections 705, 706, 707, 709 and 710 of the Civil Rights Act of 1964. Based on its experience in the enforcement of title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act, and upon its evaluation of suggestions and petitions for amendments submitted by interested persons, the Commission may from time to time amend and revise these procedures. | ||||||
| 29:29:4.1.4.1.2.1.17.1 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | A | Subpart A—Definitions | § 1601.2 Terms defined in title VII of the Civil Rights Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act. | EEOC | [74 FR 63982, Dec. 7, 2009, as amended at 85 FR 65217, Oct. 15, 2020] | The terms person, employer, employment agency, labor organization, employee, commerce, industry affecting commerce, State and religion as used in this part shall have the meanings set forth in section 701 of title VII of the Civil Rights Act of 1964. The term disability shall have the meaning set forth in section 3 of the Americans with Disabilities Act, as amended. The term genetic information shall have the meaning set forth in section 201 of the Genetic Information Nondiscrimination Act of 2008. | ||||
| 29:29:4.1.4.1.2.1.17.2 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | A | Subpart A—Definitions | § 1601.3 Other definitions. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9624, Mar. 7, 1991; 71 FR 26827, May 9, 2006; 74 FR 63982, Dec. 7, 2009; 85 FR 65217, Oct. 15, 2020; 89 FR 11169, Feb. 14, 2024] | (a) For the purposes of this part, the term title VII shall mean title VII of the Civil Rights Act of 1964; the term ADA shall mean the Americans with Disabilities Act of 1990; the term GINA shall mean the Genetic Information Nondiscrimination Act of 2008; the term PWFA shall mean the Pregnant Workers Fairness Act; the terms EEOC or Commission shall mean the Equal Employment Opportunity Commission or any of its designated representatives; the term Washington Field Office shall mean the Commission's primary non-Headquarters office serving the District of Columbia and Virginia suburban counties and jurisdictions; the term FEP agency shall mean a State or local agency which the Commission has determined satisfies the criteria stated in section 706(c) of title VII; and the term verified shall mean sworn to or affirmed before a notary public, designated representative of the Commission, or other person duly authorized by law to administer oaths and take acknowledgements, or supported by an unsworn declaration in writing under penalty of perjury. (b) For the purposes of this part, the terms file, serve, submit, receive, transmit, present, send, issue, and notify shall include all forms of digital transmission. (c) The delegations of authority in subpart B of this part are applicable to charges filed pursuant to either section 706 or section 707 of title VII. | ||||
| 29:29:4.1.4.1.2.1.17.3 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | A | Subpart A—Definitions | § 1601.4 Vice Chair's functions. | EEOC | [85 FR 65217, Oct. 15, 2020] | The member of the Commission designated by the President to serve as Vice Chair shall act as Chair in the absence or incapacity of the Chair or in the event of a vacancy in that office. | ||||
| 29:29:4.1.4.1.2.1.17.4 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | A | Subpart A—Definitions | § 1601.5 District; field; area; local authority. | EEOC | [71 FR 26827, May 9, 2006, as amended at 85 FR 65217, Oct. 15, 2020] | The term “district” as used herein shall mean that part of the United States or any territory thereof fixed by the Commission as a particular district. The term “district director” shall refer to that person designated as the Commission's chief officer in each district. The term “Washington Field Office Director” shall refer to that person designated as the Commission's chief officer in the Washington Field Office. Any authority of, or delegation of authority to, District Directors shall be deemed to include the Director of the Washington Field Office. The term “field” shall mean that part of the United States within a district fixed by the Commission as a particular subunit of a district, except for the Washington Field Office which is not part of any district fixed by the Commission. The term “field director” shall refer to that person designated as the Commission's chief officer in each field office. The term “area” shall mean that part of the United States within a district fixed by the Commission as a particular subunit of a district. The term “area director” shall refer to that person designated as the Commission's chief officer in each area office. The term “local office” shall mean an EEOC office with responsibility over a part of the United States within a district fixed by the Commission as a particular subunit of a district. The term “local director” shall refer to that person designated as the Commission's chief officer for the local office. Each district office and the Washington Field Office will operate under the supervision of the Director, Office of Field Programs through the Director of Field Management Programs, and the General Counsel. Each field, area and local office, except for the Washington Field Office, will operate under the supervision of the district director. Any or all delegations, or actions taken, as provided by this part may be revoked and /or exercised by the supervisor in keeping with the supervisory structure described in this section. | ||||
| 29:29:4.1.4.1.2.2.17.1 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.6 Submission of information. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 52 FR 26957, July 17, 1987; 54 FR 32061, Aug. 4, 1989; 56 FR 9624, Mar. 7, 1991; 71 FR 26828, May 9, 2006; 74 FR 63982, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024] | (a) The Commission shall receive information concerning alleged violations of title VII, the ADA, GINA, or the PWFA from any person. Where the information discloses that a person is entitled to file a charge with the Commission, the appropriate office shall render assistance in the filing of a charge. Any person or organization may request the issuance of a Commissioner charge for an inquiry into individual or systematic discrimination. Such request, with any pertinent information, should be submitted to the nearest District, Field, Area, or Local office. (b) A person who submits data or evidence to the Commission may retain or, on payment of lawfully prescribed costs, procure a copy of transcript thereof, except that a witness may for good cause be limited to inspection of the official transcript of his or her testimony. | ||||
| 29:29:4.1.4.1.2.2.17.10 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.15 Investigative authority. | EEOC | (a) The investigation of a charge shall be made by the Commission, its investigators, or any other representative designated by the Commission. During the course of such investigation, the Commission may utilize the services of State and local agencies which are charged with the administration of fair employment practice laws or appropriate Federal agencies, and may utilize the information gathered by such authorities or agencies. As part of each investigation, the Commission will accept any statement of position or evidence with respect to the allegations of the charge which the person claiming to be aggrieved, the person making the charge on behalf of such person, if any, or the respondent wishes to submit. (b) As part of the Commission's investigation, the Commission may require the person claiming to be aggrieved to provide a statement which includes: (1) A statement of each specific harm that the person has suffered and the date on which each harm occurred; (2) For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful; (3) For each act, policy, or practice alleged to have harmed the person claiming to be aggrieved, a statement of the facts which lead the person claiming to be aggrieved to believe that the act, policy or practice is discriminatory. (c) The Commission may require a fact-finding conference with the parties prior to a determination on a charge of discrimination. The conference is primarily an investigative forum intended to define the issues, to determine which elements are undisputed, to resolve those issues that can be resolved and to ascertain whether there is a basis for negotiated settlement of the charge. (d) The Commission's authority to investigate a charge is not limited to the procedures outlined in paragraphs (a), (b), and (c) of this section. | |||||
| 29:29:4.1.4.1.2.2.17.11 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.16 Access to and production of evidence; testimony of witnesses; procedure and authority. | EEOC | [43 FR 30798, July 18, 1978, as amended at 47 FR 46275, Oct. 18, 1982; 51 FR 29098, Aug. 14, 1986; 54 FR 32061, Aug. 4, 1989; 55 FR 14245, Apr. 17, 1990; 56 FR 9624, Mar. 7, 1991; 71 FR 26828, May 9, 2006; 74 FR 3430, Jan. 21, 2009; 74 FR 63983, Dec. 7, 2009; 85 FR 65218, Oct. 15, 2020; 89 FR 11169, Feb. 14, 2024] | (a) To effectuate the purposes of title VII, the ADA, GINA, and the PWFA, any member of the Commission shall have the authority to sign and issue a subpoena requiring: (1) The attendance and testimony of witnesses; (2) The production of evidence including, but not limited to, books, records, correspondence, or documents, in the possession or under the control of the person subpoenaed; and (3) Access to evidence for the purposes of examination and the right to copy. Any District Director, and the Director of the Office of Field Programs, or upon delegation, the Director of Field Management Programs, or any representatives designated by the Commission, may sign and issue a subpoena on behalf of the Commission. The subpoena shall state the name and address of its issuer, identify the person or evidence subpoenaed, the person to whom and the place, date, and the time at which it is returnable or the nature of the evidence to be examined or copied, and the date and time when access is requested. A subpoena shall be returnable to a duly authorized investigator or other representative of the Commission. Neither the person claiming to be aggrieved, the person filing a charge on behalf of such person nor the respondent shall have the right to demand that a subpoena be issued. (b)(1) Any person served with a district director-issued subpoena who intends not to comply shall petition the issuing director to seek its revocation or modification. Any person served with a Commissioner-issued subpoena who intends not to comply shall petition the General Counsel to seek its revocation or modification. Petitions must be transmitted digitally or mailed to the issuing director at the address stated on the subpoena (or, if the subpoena was issued by a Commissioner, to the General Counsel) within five days (excluding Saturdays, Sundays, and Federal legal holidays) after service of the subpoena. Petitions to the General Counsel pertaining to subpoenas issued by a Commissioner may be transmitted digitally or mailed to 131 M Street N… | ||||
| 29:29:4.1.4.1.2.2.17.12 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.17 Witnesses for public hearings. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9624, Mar. 7, 1991; 74 FR 63983, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024; 89 FR 13618, Feb. 23, 2024] | (a) To effectuate the purposes of title VII, the ADA, GINA, and the PWFA, any Commissioner, upon approval of the Commission, may demand in writing that a person appear at a stated time and place within the State in which such person resides, transacts business, or is served with the demand, for the purpose of testifying under oath before the Commission or its representative. If there be noncompliance with any such demand, the Commission may utilize the procedures of section 710 of title VII, the ADA, GINA, and the PWFA to compel such person to testify. A transcript of testimony may be made a part of the record of each investigation. (b) Witnesses who testify as provided in paragraph (a) of this section shall be entitled to the same fees and mileage that are paid witnesses in the courts of the United States. | ||||
| 29:29:4.1.4.1.2.2.17.2 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.7 Charges by or on behalf of persons claiming to be aggrieved. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9624, Mar. 7, 1991; 74 FR 63982, Dec. 7, 2009; 85 FR 65217, Oct. 15, 2020; 89 FR 11169, Feb. 14, 2024] | (a) A charge that any person has engaged in or is engaging in an unlawful employment practice within the meaning of title VII, the ADA, GINA, or the PWFA may be made by or on behalf of any person claiming to be aggrieved. A charge on behalf of a person claiming to be aggrieved may be made by any person, agency, or organization. The written charge need not identify by name the person on whose behalf it is made. The person making the charge, however, must provide the Commission with the name and contact information of the person on whose behalf the charge is made During the Commission investigation, Commission personnel shall verify the authorization of such charge by the person on whose behalf the charge is made. Any such person may request that the Commission shall keep his or her identity confidential. However, such request for confidentiality shall not prevent the Commission from disclosing the identity to Federal, State or local agencies that have agreed to keep such information confidential. If this condition is violated by a recipient agency, the Commission may decline to honor subsequent requests for such information. (b) The person claiming to be aggrieved has the responsibility to provide the Commission with notice of any change in contact information so that the Commission may communicate with him or her during the Commission's consideration of the charge. | ||||
| 29:29:4.1.4.1.2.2.17.3 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.8 Where to make a charge. | EEOC | [85 FR 65217, Oct. 15, 2020] | A charge may be made using the EEOC's designated digital systems, in person, by facsimile, or by mail to any EEOC office or to any designated representative of the Commission. The addresses of the EEOC's offices appear at www.eeoc.gov. | ||||
| 29:29:4.1.4.1.2.2.17.4 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.9 Form of charge. | EEOC | A charge shall be in writing and signed and shall be verified. | |||||
| 29:29:4.1.4.1.2.2.17.5 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.10 Withdrawal of a charge by a person claiming to be aggrieved. | EEOC | [44 FR 4669, Jan. 23, 1979, as amended at 47 FR 46275, Oct. 18, 1982; 49 FR 13024, Apr. 2, 1984; 54 FR 32061, Aug. 4, 1989; 56 FR 9624, Mar. 7, 1991; 71 FR 26828, May 9, 2006; 74 FR 63982, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024] | A charge filed by or on behalf of a person claiming to be aggrieved may be withdrawn only by the person claiming to be aggrieved and only with the consent of the Commission. The Commission hereby delegates authority to District Directors, Field Directors, Area Directors, Local Directors, the Director of the Office of Field Programs and the Director of Field Management Programs, or their designees, to grant consent to a request to withdraw a charge, other than a Commissioner charge, where the withdrawal of the charge will not defeat the purposes of title VII, the ADA, GINA, or the PWFA. | ||||
| 29:29:4.1.4.1.2.2.17.6 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.11 Charges by members of the Commission. | EEOC | [43 FR 30798, July 18, 1978, as amended at 56 FR 9624, Mar. 7, 1991; 74 FR 63982, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024] | (a) Any member of the Commission may file a charge with the Commission. Such charge shall be in writing and signed and shall be verified. (b) A Commissioner who files a charge under paragraph (a) of this section may withdraw the charge with the consent of the Commission. The Commission may withdraw any charge filed under paragraph (a) of this section by a Commissioner who is no longer holding office when it determines that the purposes of title VII, the ADA, GINA, or the PWFA are no longer served by processing the charge. Commissioner charges may not be withdrawn pursuant to this section after a determination as to reasonable cause has been made. This paragraph does not apply to a charge filed by a Commissioner which is on behalf of a person claiming to be aggrieved within the meaning of § 1601.7 unless such person submits a written request for withdrawal to the Commission. | ||||
| 29:29:4.1.4.1.2.2.17.7 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.12 Contents of charge; amendment of charge. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 85 FR 65217, Oct. 15, 2020] | (a) Each charge should contain the following: (1) The full name and contact information of the person making the charge except as provided in § 1601.7; (2) The full name and contact information of the person against whom the charge is made, if known (hereinafter referred to as the respondent); (3) A clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices: See § 1601.15(b); (4) If known, the approximate number of employees of the respondent employer or the approximate number of members of the respondent labor organization, as the case may be; and (5) A statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a State or local agency charged with the enforcement of fair employment practice laws and, if so, the date of such commencement and the name of the agency. (b) Notwithstanding the provisions of paragraph (a) of this section, a charge is sufficient when the Commission receives from the person making the charge a written statement sufficiently precise to identify the parties, and to describe generally the action or practices complained of. A charge may be amended to cure technical defects or omissions, including failure to verify the charge, or to clarify and amplify allegations made therein. Such amendments and amendments alleging additional acts which constitute unlawful employment practices related to or growing out of the subject matter of the original charge will relate back to the date the charge was first received. A charge that has been so amended shall not be required to be redeferred. | ||||
| 29:29:4.1.4.1.2.2.17.8 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.13 Filing; deferrals to State and local agencies. | EEOC | [46 FR 43039, Aug. 26, 1981, as amended at 46 FR 48189, Oct. 1, 1981; 52 FR 10224, Mar. 31, 1987; 52 FR 18354, May 15, 1987; 56 FR 9624, Mar. 7, 1991; 74 FR 63982, Dec. 7, 2009; 85 FR 65217, Oct. 15, 2020; 89 FR 11169, Feb. 14, 2024] | (a) Initial presentation of a charge to the Commission. (1) Charges arising in jurisdictions having no FEP agency are filed with the Commission upon receipt. Such charges are timely filed if received by the Commission within 180 days from the date of the alleged violation. (2) A jurisdiction having a FEP agency without jurisdiction over the statutory basis alleged in the charge (e.g., an agency that does not have enforcement authority over sex discrimination) is equivalent to a jurisdiction having no FEP agency. Charges over which a FEP agency has no jurisdiction over the statutory basis alleged are filed with the Commission upon receipt and are timely filed if received by the Commission within 180 days from the date of the alleged violation. (3) Charges arising in jurisdictions having a FEP agency with jurisdiction over the statutory basis alleged in the charge are to be processed in accordance with the Commission's deferral policy set in paragraphs (a)(3)(i) through (iii) and the procedures in paragraph (a)(4) of this section. (i) In order to give full weight to the policy of section 706(c) of title VII, which affords State and local fair employment practice agencies that come within the provisions of that section an opportunity to remedy alleged discrimination concurrently regulated by title VII, the ADA, GINA, or the PWFA and State or local law, the Commission adopts the following procedures with respect to allegations of discrimination filed with the Commission. It is the intent of the Commission to thereby encourage the maximum degree of effectiveness in the State and local agencies. The Commission shall endeavor to maintain close communication with the State and local agencies with respect to all matters forwarded to such agencies and shall provide such assistance to State and local agencies as is permitted by law and as is practicable. (ii) Section 706(c) of title VII grants States and their political subdivisions the exclusive right to process allegations of discrimination filed by a person other t… | ||||
| 29:29:4.1.4.1.2.2.17.9 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.14 Service of charge or notice of charge. | EEOC | [44 FR 4669, Jan. 23, 1979, as amended at 47 FR 46275, Oct. 18, 1982; 49 FR 13024, Apr. 2, 1984; 49 FR 13874, Apr. 9, 1984; 54 FR 32061, Aug. 4, 1989; 71 FR 26828, May 9, 2006; 85 FR 65218, Oct. 15, 2020] | (a) Within ten days after the filing of a charge in the appropriate Commission office, the Commission shall serve respondent the charge by digital transmission, by mail, or in person, except when it is determined that providing the charge would impede the law enforcement functions of the Commission. Where the charge is not provided, the respondent will be served with a notice of the charge within ten days after the filing of the charge. The notice shall include the date, place and circumstances of the alleged unlawful employment practice. Where appropriate, the notice may include the identity of the person or organization filing the charge. (b) District Directors, Field Directors, Area Directors, Local Directors, the Director of the Office of Field Programs, and the Director of Field Management Programs, or their designees, are hereby delegated the authority to issue the notice described in paragraph (a) of this section. | ||||
| 29:29:4.1.4.1.2.2.18.13 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.18 Dismissal: Procedure and authority. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 48 FR 19165, Apr. 28, 1983; 49 FR 13024, Apr. 2, 1984. Redesignated and amended at 52 FR 26957, July 17, 1987; 54 FR 32061, Aug. 4, 1989; 55 FR 26684, June 29, 1990; 56 FR 9624, 9625, Mar. 7, 1991; 71 FR 26828, May 9, 2006; 73 FR 3388, Jan. 18, 2008; 74 FR 63982, Dec. 7, 2009; 85 FR 65218, Oct. 15, 2020; 89 FR 11169, Feb. 14, 2024] | (a) Where a charge on its face, or as amplified by the statements of the person claiming to be aggrieved discloses, or where after investigation the Commission determines, that the charge and every portion thereof is not timely filed, or otherwise fails to state a claim under title VII, the ADA, GINA, or the PWFA, the Commission shall dismiss the charge. A charge which raises a claim exclusively under section 717 of title VII or the Rehabilitation Act shall not be taken and persons seeking to raise such claims shall be referred to the appropriate Federal agency. (b) Written notice of disposition, pursuant to this section, shall be issued to the person claiming to be aggrieved and to the person making the charge on behalf of such person, where applicable; in the case of a Commissioner charge, to all persons specified in § 1601.28(b)(3)(ii); and to the respondent. The dismissal shall include a notice of rights informing the person claiming to be aggrieved or the person on whose behalf a charge was filed of the right to sue in Federal district court within 90 days of receipt of the determination. Appropriate notices of right to sue shall be issued pursuant to § 1601.28. (c) The Commission hereby delegates authority to District Directors; the Director of the Office of Field Programs, or upon delegation, the Director of Field Management Programs, as appropriate, to dismiss charges, as limited by § 1601.21(d). The Commission hereby delegates authority to Field Directors, Area Directors and Local Directors, or their designees, to dismiss charges pursuant to paragraphs (a), (b) and (c) of this section, as limited by § 1601.21(d). The authority of the Commission to reconsider decisions and determinations as set forth in § 1601.21 (b) and (d) shall be applicable to this section. | ||||
| 29:29:4.1.4.1.2.2.18.14 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.19 No cause determinations: Procedure and authority. | EEOC | [85 FR 65218, Oct. 15, 2020] | (a) Where the Commission completes its investigation of a charge and finds that there is not reasonable cause to believe that an unlawful employment practice has occurred or is occurring as to all issues addressed in the determination, the Commission shall issue a determination to all parties to the charge indicating the finding. This determination does not mean the claims in the charge have no merit. The Commission's determination shall be the final determination of the Commission, unless a final determination of no reasonable cause is vacated pursuant to § 1601.19(b). The determination shall inform the person claiming to be aggrieved or the person on whose behalf a charge was filed of the right to sue in Federal district court within 90 days of receipt of the determination. The Commission hereby delegates authority to the Director of the Office of Field Programs, or upon delegation to the Director of Field Management Programs, and District Directors or upon delegation to Field Directors, Area Directors, or Local Directors, or their designees, except in those cases involving issues currently designated by the Commission for priority review, to issue no cause determinations. (b) The Commission may on its own initiative reconsider a final determination of no reasonable cause and a director of the issuing office may, on his or her own initiative, reconsider a final determination of no reasonable cause. If the Commission or the director of the issuing office decides to reconsider a final no cause determination, a notice of intent to reconsider shall promptly issue to all parties to the charge. If such notice of intent to reconsider is issued within 90 days of receipt of the final no cause determination, and the person claiming to be aggrieved or the person on whose behalf a charge was filed has not filed suit and did not request and receive a notice of right to sue pursuant to § 1601.28(a)(1) or (2), the notice of intent to reconsider shall vacate the determination and shall revoke the charging party's right to bri… | ||||
| 29:29:4.1.4.1.2.2.18.15 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.20 Negotiated settlement. | EEOC | [44 FR 4669, Jan. 23, 1979, as amended at 47 FR 46275, Oct. 18, 1982; 49 FR 13024, Apr. 2, 1984; 49 FR 13874, Apr. 9, 1984; 54 FR 32061, Aug. 4, 1989; 71 FR 26828, May 9, 2006; 85 FR 65218, Oct. 15, 2020] | (a) Prior to the issuance of a determination as to reasonable cause the Commission may encourage the parties to settle the charge on terms that are mutually agreeable. District Directors, Field Directors, Area Directors, Local Directors, the Director of the Office of Field Programs, the Director of Field Management Programs, or their designees, shall have the authority to sign any settlement agreement which is agreeable to both parties. When the Commission agrees in any negotiated settlement not to process that charge further, the Commission's agreement shall be in consideration for the promises made by the other parties to the agreement. Such an agreement shall not affect the processing of any other charge, including, but not limited to, a Commissioner charge or a charge, the allegations of which are like or related to the individual allegations settled. (b) In the alternative, the Commission may facilitate a settlement between the person claiming to be aggrieved and the respondent by permitting withdrawal of the charge pursuant to § 1601.10. | ||||
| 29:29:4.1.4.1.2.2.18.16 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.21 Reasonable cause determination: Procedure and authority. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 45 FR 73036, Nov. 4, 1980; 48 FR 19165, Apr. 28, 1983; 49 FR 13024, Apr. 2, 1984; 51 FR 18778, May 22, 1986; 52 FR 26959, July 17, 1987; 53 FR 3370, Feb. 7, 1988; 54 FR 32061, Aug. 4, 1989; 56 FR 9624, 9625, Mar. 7, 1991; 71 FR 26828, May 9, 2006; 74 FR 63982, Dec. 7, 2009; 85 FR 65218, Oct. 15, 2020; 89 FR 11169, Feb. 14, 2024] | (a) After completing its investigation, where the Commission has not settled or dismissed a charge or made a no cause finding as to every allegation addressed in the determination under § 1601.19, the Commission shall issue a determination that reasonable cause exists to believe that an unlawful employment practice has occurred or is occurring under title VII, the ADA, GINA, or the PWFA. A determination finding reasonable cause is based on, and limited to, evidence obtained by the Commission and does not reflect any judgment on the merits of allegations not addressed in the determination. (b) The Commission shall provide prompt notification of its determination under paragraph (a) of this section to the person claiming to be aggrieved, the person making the charge on behalf of such person, if any, and the respondent, or in the case of a Commissioner charge, the person named in the charge or identified by the Commission in the third party certificate, if any, and the respondent. The Commission may, however, on its own initiative reconsider its decision or the determination of any of its designated officers who have authority to issue Letters of Determination, except that the Commission will not reconsider determinations of reasonable cause previously issued against a government, governmental entity or political subdivision after a failure of conciliation as set forth in § 1601.25. (1) In cases where the Commission decides to reconsider a dismissal or a determination finding reasonable cause to believe a charge is true, a notice of intent to reconsider will promptly issue. If such notice of intent to reconsider is issued within 90 days from receipt of a notice of right to sue and the charging party has not filed suit and did not receive a notice of right to sue pursuant to § 1601.28(a)(1) or (2), the notice of intent to reconsider will vacate the dismissal or letter of determination and revoke the notice of right to sue. If the 90- day period has expired, the charging party has filed suit, or the charging party h… | ||||
| 29:29:4.1.4.1.2.2.18.17 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.22 Confidentiality. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9624, 9625, Mar. 7, 1991; 74 FR 63982, 63983, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024] | Neither a charge, nor information obtained during the investigation of a charge of employment discrimination under title VII, the ADA, GINA, or the PWFA, nor information obtained from records required to be kept or reports required to be filed pursuant to title VII, the ADA, GINA, or the PWFA, shall be made matters of public information by the Commission prior to the institution of any proceeding under title VII, the ADA, GINA, or the PWFA involving such charge or information. This provision does not apply to such earlier disclosures to charging parties, or their attorneys, respondents or their attorneys, or witnesses where disclosure is deemed necessary for securing appropriate relief. This provision also does not apply to such earlier disclosures to representatives of interested Federal, State, and local authorities as may be appropriate or necessary to the carrying out of the Commission's function under title VII, the ADA, GINA, or the PWFA, nor to the publication of data derived from such information in a form which does not reveal the identity of charging parties, respondents, or persons supplying the information. | ||||
| 29:29:4.1.4.1.2.2.19.18 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.23 Preliminary or temporary relief. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 47 FR 46275, Oct. 18, 1982; 54 FR 32061, Aug. 4, 1989; 71 FR 26828, May 9, 2006] | (a) In the interest of the expeditious procedure required by section 706(f)(2) of title VII, the Commission hereby delegates to the Director of the Office of Field Programs or upon delegation, the Director of Field Management Programs and each District Director the authority, upon the basis of a preliminary investigation, to make the initial determination on its behalf that prompt judicial action is necessary to carry out the purposes of the Act and recommend such action to the General Counsel. The Commission authorizes the General Counsel to institute an appropriate action on behalf of the Commission in such a case not involving a government, governmental agency, or political subdivision. (b) In a case involving a government, governmental agency, or political subdivision, any recommendation for preliminary or temporary relief shall be transmitted directly to the Attorney General by the Director of the Office of Field Programs or upon delegation, the Director of Field Management Programs or the District Director. (c) Nothing in this section shall be construed to prohibit private individuals from exercising their rights to seek temporary or preliminary relief on their own motion. | ||||
| 29:29:4.1.4.1.2.2.19.19 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.24 Conciliation: Procedure and authority. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 48 FR 19165, Apr. 28, 1983; 49 FR 13024, Apr. 2, 1984; 49 FR 13874, Apr. 9, 1984; 52 FR 26959, July 17, 1987; 54 FR 32061, Aug. 4, 1989; 56 FR 9624, 9625, Mar. 7, 1991; 71 FR 26828, May 9, 2006; 74 FR 63982, Dec. 7, 2009; 85 FR 65218, Oct. 15, 2020, 86 FR 2985, Jan. 14, 2021; 89 FR 11169, Feb. 14, 2024; 89 FR 12232, Feb. 16, 2024] | (a) Where the Commission determines that there is reasonable cause to believe that an unlawful employment practice has occurred or is occurring, the Commission shall endeavor to eliminate such practice by informal methods of conference, conciliation and persuasion. In conciliating a case in which a determination of reasonable cause has been made, the Commission shall attempt to achieve a just resolution of all violations found and to obtain agreement that the respondent will eliminate the unlawful employment practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and shall be signed by the Commission's designated representative and the parties. A copy of the signed agreement shall be sent to the respondent and the person claiming to be aggrieved. Where a charge has been filed on behalf of a person claiming to be aggrieved, the conciliation agreement may be signed by the person filing the charge or by the person on whose behalf the charge was filed. (b) District Directors; the Director of the Office of Field Programs or the Director of Field Management Programs; or their designees are hereby delegated authority to enter into informal conciliation efforts. District Directors or upon delegation, Field Directors, Area Directors, or Local Directors; the Director of the Office of Field Programs; or the Director of Field Management Programs are hereby delegated the authority to negotiate and sign conciliation agreements. When a suit brought by the Commission is in litigation, the General Counsel is hereby delegated the authority to negotiate and sign conciliation agreements where, pursuant to section 706(f)(1) of title VII, a court has stayed proceedings in the case pending further efforts of the Commission to obtain voluntary compliance. (c) Proof of compliance with title VII, the ADA, GINA, or the PWFA in accordance with the terms of the agreement shall be obtained by the Commission before the case is cl… | ||||
| 29:29:4.1.4.1.2.2.19.20 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.25 Failure of conciliation; notice. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 47 FR 46275, Oct. 18, 1982; 54 FR 32061, Aug. 4, 1989; 56 FR 9624, Mar. 7, 1991; 71 FR 26829, May 9, 2006; 74 FR 63982, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024] | Where the Commission is unable to obtain voluntary compliance as provided by title VII, the ADA, GINA, or the PWFA and it determines that further efforts to do so would be futile or nonproductive, it shall, through the appropriate District Director, the Director of the Office of Field Programs, or Director of Field Management Programs, or their designees, so notify the respondent in writing. | ||||
| 29:29:4.1.4.1.2.2.19.21 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.26 Confidentiality of endeavors. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9625, Mar. 7, 1991; 74 FR 63982, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024] | (a) Nothing that is said or done during and as part of the informal endeavors of the Commission to eliminate unlawful employment practices by informal methods of conference, conciliation, and persuasion may be made a matter of public information by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned. This provision does not apply to such disclosures to the representatives of Federal, State or local agencies as may be appropriate or necessary to the carrying out of the Commission's functions under title VII, the ADA, GINA, or the PWFA: Provided, however, That the Commission may refuse to make disclosures to any such agency which does not maintain the confidentiality of such endeavors in accord with this section or in any circumstances where the disclosures will not serve the purposes of the effective enforcement of title VII, the ADA, GINA, or the PWFA. (b) Factual information obtained by the Commission during such informal endeavors, if such information is otherwise obtainable by the Commission under section 709 of title VII, for disclosure purposes will be considered by the Commission as obtained during the investigatory process. | ||||
| 29:29:4.1.4.1.2.2.20.22 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.27 Civil actions by the Commission. | EEOC | The Commission may bring a civil action against any respondent named in a charge not a government, governmental agency or political subdivision, after thirty (30) days from the date of the filing of a charge with the Commission unless a conciliation agreement acceptable to the Commission has been secured: Provided, however, That the Commission may seek preliminary or temporary relief pursuant to section 706(f)(2) of title VII, according to the procedures set forth in § 1601.23 of this part, at any time. | |||||
| 29:29:4.1.4.1.2.2.20.23 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.28 Notice of right to sue: Procedure and authority. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 44 FR 4669, Jan. 23, 1979; 45 FR 73037, Nov. 4, 1980; 47 FR 46275, Oct. 18, 1982; 48 FR 19165, Apr. 28, 1983; 49 FR 13024, Apr. 2, 1984; 49 FR 13874, Apr. 9, 1984; 52 FR 26959, July 17, 1987; 54 FR 32061, Aug. 4, 1989; 56 FR 9624, 9625, Mar. 7, 1991; 71 FR 26829, May 9, 2006; 74 FR 63982, Dec. 7, 2009; 85 FR 65218, Oct. 15, 2020; 89 FR 11169, Feb. 14, 2024] | (a) Issuance of notice of right to sue upon request. (1) When a person claiming to be aggrieved requests, in writing, that a notice of right to sue be issued and the charge to which the request relates is filed against a respondent other than a government, governmental agency or political subdivision, the Commission shall promptly issue such notice as described in § 1601.28(e) to all parties, at any time after the expiration of one hundred eighty (180) days from the date of filing of the charge with the Commission, or in the case of a Commissioner charge 180 days after the filing of the charge or 180 days after the expiration of any period of reference under section 706(d) of title VII as appropriate. (2) When a person claiming to be aggrieved requests, in writing, that a notice of right to sue be issued, and the charge to which the request relates is filed against a respondent other than a government, governmental agency or political subdivision, the Commission may issue such notice as described in § 1601.28(e) with copies to all parties, at any time prior to the expiration of 180 days from the date of filing of the charge with the Commission; provided that the District Director, the Field Director, the Area Director, the Local Director, the Director of the Office of Field Programs or upon delegation, the Director of Field Management Programs has determined that it is probable that the Commission will be unable to complete its administrative processing of the charge within 180 days from the filing of the charge and has attached a written certificate to that effect. (3) Issuance of a notice of right to sue shall terminate further proceeding of any charge that is not a Commissioner charge unless the District Director; Field Director; Area Director; Local Director; Director of the Office of Field Programs or upon delegation, the Director of Field Management Programs; or the General Counsel, determines at that time or at a later time that it would effectuate the purpose of title VII, the ADA, GINA, or the PWFA t… | ||||
| 29:29:4.1.4.1.2.2.20.24 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | B | Subpart B—Procedure for the Prevention of Unlawful Employment Practices | § 1601.29 Referral to the Attorney General. | EEOC | If the Commission is unable to obtain voluntary compliance in a charge involving a government, governmental agency or political subdivision, it shall inform the Attorney General of the appropriate facts in the case with recommendations for the institution of a civil action by him or her against such respondent or for intervention by him or her in a civil action previously instituted by the person claiming to be aggrieved. | |||||
| 29:29:4.1.4.1.2.3.21.1 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | C | Subpart C—Notices to Employees, Applicants for Employment and Union Members | § 1601.30 Notices to be posted. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 55 FR 2518, Jan. 25, 1990; 56 FR 9625, Mar. 7, 1991; 62 FR 26934, May 16, 1997; 74 FR 63982, 63983, Dec. 7, 2009; 79 FR 15221, Mar. 19, 2014; 81 FR 35270, June 2, 2016; 82 FR 8813, Jan. 31, 2017; 83 FR 2537, Jan. 18, 2018; 84 FR 10411, Mar. 21, 2019; 85 FR 15376, Mar. 18, 2020; 85 FR 65219, Oct. 15, 2020; 86 FR 28264, May 26, 2021; 87 FR 10073, Feb. 23, 2022; 88 FR 17373, Mar. 23, 2023; 89 FR 11169, Feb. 14, 2024; 89 FR 12232, Feb. 16, 2024; 90 FR 46767, Sept. 30, 2025] | (a) Every employer, employment agency, labor organization, and joint labor-management committee controlling an apprenticeship or other training program that has an obligation under title VII, the ADA, GINA, or the PWFA shall post and keep posted in conspicuous places upon its premises notices in an accessible format, to be prepared or approved by the Commission, describing the applicable provisions of title VII, the ADA, GINA, and the PWFA. Such notice must be posted in prominent and accessible places where notices to employees, applicants and members are customarily maintained. (b) Section 711(b) of Title VII and the Federal Civil Penalties Inflation Adjustment Act, as amended, make failure to comply with this section punishable by a fine of not more than $698 for each separate offense. | ||||
| 29:29:4.1.4.1.2.4.21.1 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | D | Subpart D—Construction of Rules | § 1601.34 Rules to be liberally construed. | EEOC | [44 FR 4670, Jan. 23, 1979. Redesignated and amended at 56 FR 9624, 9625, Mar. 7, 1991; 74 FR 63983, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024] | These rules and regulations shall be liberally construed to effectuate the purpose and provisions of title VII, the ADA, GINA, and the PWFA. | ||||
| 29:29:4.1.4.1.2.5.21.1 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | E | Subpart E—Issuance, Amendment, or Repeal of Rules | § 1601.35 Petitions. | EEOC | [42 FR 55388, Oct. 14, 1977, as amended at 54 FR 32061, Aug. 4, 1989. Redesignated at 56 FR 9625, Mar. 7, 1991; 74 FR 3430, Jan. 21, 2009] | Any interested person may petition the Commission, in writing, for the issuance, amendment, or repeal of a rule or regulation. Such petition shall be filed with the Equal Employment Opportunity Commission, 131 M Street, NE., Washington DC 20507, and shall state the rule or regulation proposed to be issued, amended, or repealed, together with a statement of grounds in support of such petition. | ||||
| 29:29:4.1.4.1.2.5.21.2 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | E | Subpart E—Issuance, Amendment, or Repeal of Rules | § 1601.36 Action on petition. | EEOC | [42 FR 55388, Oct. 14, 1977. Redesignated at 56 FR 9625, Mar. 7, 1991] | Upon the filing of such petition, the Commission shall consider the same and may thereupon either grant or deny the petition in whole or in part, conduct an appropriate proceeding thereon, or make other disposition of the petition. Should the petition be denied in whole or in part, prompt notice shall be given of the denial, accompanied by a simple statement of the grounds unless the denial be self-explanatory. | ||||
| 29:29:4.1.4.1.2.7.21.1 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.70 FEP agency qualifications. | EEOC | [45 FR 33606, May 20, 1980, as amended at 47 FR 53733, Nov. 29, 1982. Redesignated and amended at 56 FR 9625, Mar. 7, 1991; 60 FR 46220, Sept. 6, 1995; 74 FR 63982, Dec. 7, 2009; 85 FR 65219, Oct. 15, 2020; 89 FR 11169, 11170, Feb. 14, 2024] | (a) State and local fair employment practice agencies or authorities which qualify under section 706(c) of title VII and this section shall be designated as “FEP agencies.” The qualifications for designation under section 706(c) are as follows: (1) That the state or political subdivision has a fair employment practice law which makes unlawful employment practices based upon race; color; religion; sex; national origin; disability; genetic information; or pregnancy, childbirth, or related medical conditions; and (2) That the State or political subdivision has either established a State or local authority or authorized an existing State or local authority that is empowered with respect to employment practices found to be unlawful, to do one of three things: To grant relief from the practice; to seek relief from the practice; or to institute criminal proceedings with respect to the practice. (b) Any State or local agency or authority seeking FEP agency designation should submit a written request to the Chair of the Commission. However, if the Commission is aware that an agency or authority meets the above criteria for FEP agency designation, the Commission shall defer charges to such agency or authority even though no request for FEP agency designation has been made. (c) A request for FEP agency designation should include a copy of the agency's fair employment practices law and any rules, regulations and guidelines of general interpretation issued pursuant thereto. Submission of such data will allow the Commission to ascertain which employment practices are made unlawful and which bases are covered by the State or local entity. Agencies or authorities are requested, but not required, to provide the following helpful information: (1) A chart of the organization of the agency or authority responsible for administering and enforcing said law; (2) The amount of funds made available to or allocated by the agency or authority for fair employment purposes; (3) The identity and telephone number of the agency (authorit… | ||||
| 29:29:4.1.4.1.2.7.21.10 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.80 Certified designated FEP agencies. | EEOC | [46 FR 50367, Oct. 13, 1981. Redesignated at 56 FR 9625, Mar. 7, 1991] | The designated FEP agencies receiving certification by the Commission are as follows: Alaska Commission for Human Rights Alexandria (VA) Human Rights Office Anchorage (AK) Equal Rights Commission Arizona Civil Rights Division Arlington County (VA) Human Rights Commission Austin Human Relations Commission Baltimore (MD) Community Relations Commission Broward County (FL) Human Relations Commission California Department of Fair Employment and Housing City of Tampa Office of Human Rights Clearwater (FL) Office of Community Relations Colorado Civil Rights Division Connecticut Commission on Human Rights and Opportunity Corpus Christi (TX) Human Relations Commission Dade County (FL) Fair Housing and Employment Commission Delaware Department of Labor District of Columbia Office of Human Rights East Chicago (IN) Human Rights Commission Fairfax County (VA) Human Rights Commission Florida Commission on Human Rights Fort Wayne (IN) Metropolitan Human Relations Commission Fort Worth (TX) Human Relations Commission Gary (IN) Human Relations Commission Georgia Commission on Equal Opportunity Hawaii Department of Labor and Industrial Relations Howard County (MD) Office of Human Rights Idaho Human Rights Commission Illinois Department of Human Rights Indiana Civil Rights Commission Iowa Civil Rights Commission Jacksonville (FL) Equal Employment Opportunity Commission Kansas Commission on Civil Rights Lee County Office of Equal Opportunity Lexington-Fayette (KY) Urban County Human Rights Commission Louisville and Jefferson County Human Relations Commission Madison Equal Opportunity Commission Maine Human Rights Commission Maryland Commission on Human Relations Massachusetts Commission Against Discrimination Michigan Department of Civil Rights Minneapolis (MN) Department of Civil Rights Minnesota Department of Human Rights Missouri Commission on Civil Rights Montana Human Rights Division Nebraska Eq… | ||||
| 29:29:4.1.4.1.2.7.21.2 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.71 FEP agency notification. | EEOC | [45 FR 33606, May 20, 1980, as amended at 47 FR 53733, Nov. 29, 1982. Redesignated at 56 FR 9625, Mar. 7, 1991; 60 FR 46220, Sept. 6, 1995; 85 FR 65219, Oct. 15, 2020] | (a) When the Commission determines that an agency or authority meets the criteria outlined in section 706(c) of title VII and § 1601.70, the Commission shall so notify the agency by letter and shall notify the public by publication in the Federal Register of an amendment to § 1601.74. (b) Where the Commission determines that an agency or authority does not come within the definition of a FEP agency for purposes of a particular basis of discrimination or where the agency or authority applies for designation as a Notice Agency, the Commission shall notify that agency or authority of the filing of charges for which the agency or authority is not a FEP agency. For such purposes that State or local agency will be deemed a Notice Agency. (c) Where the Chair becomes aware of events which lead him or her to believe that a deferral Agency no longer meets the requirements of a FEP agency and should no longer be considered a FEP agency, the Chair will so notify the affected agency and give it 15 days in which to respond to the preliminary findings. If the Chair deems necessary, he or she may convene a hearing for the purpose of clarifying the matter. The Commission shall render a final determination regarding continuation of the agency as a FEP agency. | ||||
| 29:29:4.1.4.1.2.7.21.3 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | §§ 1601.72-1601.73 [Reserved] | EEOC | ||||||
| 29:29:4.1.4.1.2.7.21.4 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.74 Designated and notice agencies. | EEOC | [46 FR 33030, June 26, 1981. Redesignated at 56 FR 9625, Mar. 7, 1991] | The Commission has made the following designations 2 : 2 State and local laws may change and that can affect the timeliness of a claim. It is advisable for individuals to contact the FEP agency to confirm coverage, or otherwise determine that the above designation reflects the current status of the agency under state and local law. (a) The designated FEP agencies are: Alaska Commission for Human Rights Alexandria (VA) Human Rights Office Allentown (PA) Human Relations Commission Anchorage (AK) Equal Rights Commission Anderson (IN) Human Relations Commission Arizona Civil Rights Division Arlington County (VA) Human Rights Commission 3 3 The Arlington Human Rights Commission has been designated as a FEP agency for all charges except charges alleging a violation of title VII by a government, government agency, or political subdivision of the State of Virginia. For these types of charges it shall be deemed a “Notice agency” pursuant to 29 CFR 1601.71(b). Austin (TX) Human Relations Commission 4 4 The Austin (TX) Human Relations Commission has been designated as a FEP agency for all charges except charges alleging a violation of title VII by a government, government agency, or political subdivision of the State of Texas. For these types of charges it shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b). Baltimore (MD) Community Relations Commission Bloomington (IL) Human Relations Commission Bloomington (IN) Human Rights Commission Broward County (FL) Human Relations Commission California Department of Fair Employment and Housing Charleston (WV) Human Rights Commission City of Salina (KS) Human Relations Commission and Department City of Springfield (IL) Department of Community Relations Clearwater (FL) Office of Community Relations Colorado Civil Rights Commission Colorado State Personnel Board 5 5 The Colorado State Personnel Board has been designated as a FEP agency for only those charges which r… | ||||
| 29:29:4.1.4.1.2.7.21.5 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.75 Certification of designated FEP agencies. | EEOC | [46 FR 50367, Oct. 13, 1981, as amended at 54 FR 32061, Aug. 4, 1989. Redesignated and amended at 56 FR 9625, Mar. 7, 1991; 85 FR 65219, Oct. 15, 2020] | (a) The Commission may certify designated FEP agencies based upon the past, satisfactory performance of those agencies. The effect of such certification is that the Commission shall accept the findings and resolutions of designated FEP agencies in regard to cases processed under contracts with those agencies without individual, case-by-case substantial weight review by the Commission except as provided in §§ 1601.76 and 1601.77 of this part. (b) Eligibility criteria for certification of a designated FEP agency are as follows: (1) That the State or local agency has been a designated FEP agency for 4 years; (2) That the State or local designated FEP agency's work product has been evaluated within the past 12 months by State, Local, and Tribal Programs, Office of Field Programs, and found to be in conformance with the Commission's Substantial Weight Review Procedures; and (3) That the State or local designated FEP agency's findings and resolutions pursuant to its contract with the Commission, as provided in section 709(b) of title VII, have been accepted by the Commission in at least 95% of the cases processed by the FEP agency in the past 12 months. (c) Upon Commission approval of a designated FEP agency for certification, it shall notify the agency of its certification and shall effect such certification by issuance and publication of an amendment to § 1601.80 of this part. | ||||
| 29:29:4.1.4.1.2.7.21.6 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.76 Right of party to request review. | EEOC | [46 FR 50367, Oct. 13, 1981. Redesignated at 56 FR 9625, Mar. 7, 1991; 85 FR 65219, Oct. 15, 2020] | The Commission shall notify the parties whose cases are to be processed by the designated, certified FEP agency of their right, if aggrieved by the agency's final action, to request review by the Commission within 15 days of that action. The Commission, on receipt of a request for review, shall conduct such review in accord with the procedures set forth in the Substantial Weight Review Procedures. | ||||
| 29:29:4.1.4.1.2.7.21.7 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.77 Review by the Commission. | EEOC | [46 FR 50367, Oct. 13, 1981, as amended at 51 FR 18778, May 22, 1986. Redesignated at 56 FR 9625, Mar. 7, 1991] | After a designated FEP agency has been certified, the Commission shall accept the findings and resolutions of that agency as final in regard to all cases processed under contract with the Commission, as provided in section 709(b) of title VII, except that the Commission shall review charges closed by the certified FEP agency for lack of jurisdiction, as a result of unsuccessful conciliation, or where the charge involves an issue currently designated by the Commission for priority review. | ||||
| 29:29:4.1.4.1.2.7.21.8 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.78 Evaluation of designated FEP agencies certified by the Commission. | EEOC | [46 FR 50367, Oct. 13, 1981. Redesignated at 56 FR 9625, Mar. 7, 1991; 85 FR 65219, Oct. 15, 2020] | To assure that designated FEP agencies certified by the Commission, as provided in § 1601.75 of this part, continue to maintain performance consistent with the Commission's Substantial Weight Review Procedures, the Commission shall provide for the evaluation of such agencies as follows: (a) Each designated FEP agency certified by the Commission shall be evaluated at least once every 3 years; and (b) Each designated FEP agency certified by the Commission shall be evaluated when, as a result of a substantial weight review requested as provided in § 1601.76 of this part or required in regard to cases closed as a result of unsuccessful conciliation or for lack of jurisdiction as provided in § 1601.77 of this part, the Commission rejects more than 5% of a designated FEP agency's findings at the end of the year or 20% or more of its findings for two consecutive quarters. When the Commission rejects 20% or more of a designated FEP agency's findings during any quarter, the Commission shall initiate an inquiry and may conduct an evaluation. (c) The Commission may, on its own motion, require an evaluation at any time. | ||||
| 29:29:4.1.4.1.2.7.21.9 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | G | Subpart G—FEP Agency Designation Procedures | § 1601.79 Revocation of certification. | EEOC | [46 FR 50367, Oct. 13, 1981. Redesignated and amended at 56 FR 9624, 9625, Mar. 7, 1991; 74 FR 63982, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024] | Certification of a designated FEP agency is discretionary with the Commission and the Commission may, upon its own motion, withdraw such certification as a result of an evaluation conducted pursuant to § 1601.78 or for any reason which leads the Commission to believe that such certification no longer serves the interest of effective enforcement of title VII, the ADA, GINA, or the PWFA. The Commission will accept comments from any individual or organization concerning the efficacy of the certification of any designated FEP agency. The revocation shall be effected by the issuance and publication of an amendment to § 1601.80 of this part. | ||||
| 29:29:4.1.4.1.2.8.21.1 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | H | Subpart H—Title VII Interpretations and Opinions by the Commission | § 1601.91 Request for title VII interpretation or opinion. | EEOC | [56 FR 9625, Mar. 7, 1991] | Any interested person desiring a written title VII interpretation or opinion from the Commission may make such a request. However, issuance of title VII interpretations or opinions is discretionary. | ||||
| 29:29:4.1.4.1.2.8.21.2 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | H | Subpart H—Title VII Interpretations and Opinions by the Commission | § 1601.92 Contents of request; where to file. | EEOC | [42 FR 55388, Oct. 14, 1977. Redesignated and amended at 56 FR 9625, Mar. 7, 1991; 74 FR 3430, Jan. 21, 2009; 85 FR 65219, Oct. 15, 2020] | A request for an “opinion letter” shall be in writing, signed by the person making the request, addressed to the Chair, Equal Employment Opportunity Commission, 131 M Street, NE., Washington, DC 20507 and shall contain: (a) The names and addresses of the person making the request and of other interested persons. (b) A statement of all known relevant facts. (c) A statement of reasons why the title VII interpretation or opinion should be issued. | ||||
| 29:29:4.1.4.1.2.8.21.3 | 29 | Labor | XIV | 1601 | PART 1601—PROCEDURAL REGULATIONS | H | Subpart H—Title VII Interpretations and Opinions by the Commission | § 1601.93 Opinions—title VII. | EEOC | [49 FR 31411, Aug. 7, 1984. Redesignated at 56 FR 9626, Mar. 7, 1991] | Only the following may be relied upon as a “written interpretation or opinion of the Commission” within the meaning of section 713 of title VII: (a) A letter entitled “opinion letter” and signed by the Legal Counsel on behalf of and as approved by the Commission, or, if issued in the conduct of litigation, by the General Counsel on behalf of and as approved by the Commission, or (b) Matter published and specifically designated as such in the Federal Register, including the Commission's Guidelines on Affirmative Action, or (c) A Commission determination of no reasonable cause, issued, under the circumstances described in § 1608.10 (a) or (b) of the Commission's Guidelines on Affirmative Action, 29 CFR part 1608, when such determination contains a statement that it is a “written interpretation or opinion of the Commission.” |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);