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[Excerpt from Federal Register, July 1, 1965]
CHAPTER XIV—EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
[Series 1 ]
ESTABLISHMENT OF CHAPTER By virtue of the authority vested in it by section 713(a) of Title VII of the Civil Rights Act of 1964, 78 Stat. 253, 265, the Equal Employment Opportunity Commission hereby amends Title 29 of the Code of Federal Regulations by establishing Chapter XIV to read as set forth below.
Because the Commission must commence its administrative responsibilities under Title VII on July 2, 1965, and because the provisions of the Administrative Procedure Act (5 U.S.C. 1003) which require notice of proposed rule making, opportunity for public participation, and delay in effective date, are inapplicable to these procedural regulations, they shall become effective immediately. The Commission anticipates that, as experience in the administration of Title VII is gained, these rulas may be revised, and invites public comment on these rules.
The new Chapter XIV reads as follows:
PART 1601–PROCEDURAL REGULATIONS Sec. 1601.1 Purpose.
SUBPART A-DEFINITIONS 1601.2 Terms defined in Title VII of the Civil Rights Act of 1964. 1601.3 Title VII : Commission. 1601.4 Region ; subregion.
SUBPART B—PROCEDURE FOR THE PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES 1601.5 Submission of information. 1601.6 Charges by aggrieved persons. 1601.7 Where to file. 1601.8 Forms; jurat. 1601.9 Withdrawal of charge by an aggrieved person. 1601.10 Charges by members of the Commission. 1601.11 Contents. 1601.12 Referrals to State and local authorities. 1601.13 Service of charge.
INVESTIGATION OF A CHARGE 1601.14 By whom made. 1601.15 Documentary evidence to be produced by a respondent. 1601.16 Witnesses. 1601.17 Payment of witness fees and mileage. 1601.18 Right to inspect or copy data. 1601.19 Dismissal of charges. 1601.20 Confidentiality. 1601.21 Reasonable cause ; conference, conciliation, and persuasion. 1601.22 Settlements. 1601.23 Refusal of respondent to cooperate. 1601.24 Confidentiality of endeavors.
PROCEDERE AFTER FAILURE TO OBTAIN VOLUNTARY COMPLIANCE 1601.25 Xotice to respondent and aggrieved person. 1601.26 Referral to the Attorney General. SUBPART C-NOTICES TO EMPLOYEES, APPLICANTS FOR EMPLOYMENT AND C'NION MEMBERS 1601.27 Notices to be posted.
SUBPART D_INTERPRETATIONS AND OPINIONS BY THE COMMISSION 1601.28 Request for interpretation or opinion ; who may file. 1601.29 Contents of request ; where to ble. 1601.30 Issuance of interpretation or opinion,
SUBPART E-CONSTRUCTION OF RULES 1601.31 Rules to be liberally construed.
SUBPART F-IssCANCE, AMENDMENT OR REPEAL of Rules 1601.32 Petitions. 1601.33 Action on petition.
ACTHORITY : The provisions of this Part 1601 issued under section 713, 78 Stat. 265. $ 1601.1 Purpose.
The regulations set forth in this Part 1601 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. Based upon its experience in the administration of the Act and upon its evaluation of suggestions and petitions for amendments submitted by interested persons in accordance with $ 1601.32, the Commission may from time to time amend and revise these procedures.
SUBPART A-DEFINITIONS $ 1601.2 Terms defined in Title VII of the Civil Rights Act of 1964.
The terms "person," "employer," "employment agency," "labor organization,” "employee," "commerce," "industry affecting commerce," and "State” as used herein shall have the meanings set forth in section 701 of Title VII of the Civil Rights Act of 1964. $ 160.3 Title VII: Commission.
The term "Title VII” as used herein shall mean Title VII of the Civil Rights Act of 1964. The term "Commission” shall mean the Equal Employment Opportunity Commission or any of its designated representatives. $ 1601.4 Region; subregion.
The term “region" as used herein shall mean that part of the United States or any territory thereof fixed by the Commission as a particular region. The term "subregion” shall mean that area within a region fixed by the Commission as a particular subregion. SUBPART B-PROCEDURE FOR THE PREVENTION OF UNLAWFUL EMPLOYMENT
$ 1601.5 Submission of information.
The Commission will receive information concerning alleged violations of this title from any person. Where the information discloses that a person is entitled to file a charge with the Commission, the appropriate office will render him assistance in the filing of a charge. In the alternative, a member of the Commssion may file a charge based upon the information, in accordance with $ 1601.10. 8 1601.6 Charges by aggrieved persons.
A charge that any person has engaged in or is engaging in an unlawful employment practice within the meaning of Title VII may be made by any person claiming to be aggrieved. $ 1601.7 Where to file.
Such charge shall be filed at the offices of the Commission in Washington, D.C., or, upon establishment, at any of its regional or subregional offices. $ 1601.8 Forms; jurat.
Such charge shall be in writing and signed, and shall be sworn to before a notary public, designated representative of the Commission, or other person duly authorized by law to administer oaths and take acknowledgments. Charge forms are available to all persons from all offices of the Commission. Appropriate assistance in filling out forms will be rendered to aggrieved persons by personnel of the Commission. 8 1601.9 Withdrawal of charge by an aggrieved person.
A charge filed by an aggrieved person may be withdrawn only with the consent of the Commission. $ 1601.10 Charges by members of the Commission.
Any member of the Commission who has reasonable cause to believe that an unlawful employment practice within the meaning of Title VII has occurred or is occurring may file a charge in writing with the Commission. If section 706 (c) of Title VII should be applicable, the Commission, before taking any action with respect to the charge, shall notify the appropriate State or local authority and offer to refer the charge to it.
8 1601.11 Contents.
Each charge should contain the following:
(b) The full name and address of the person against whom the charge is made (hereinafter referred to as the respondent).
(c) A clear and concise statement of the facts including pertinent dates, constituting the alleged unlawful employment practice.
(d) 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.
(e) A statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a State or local authority charged with the enforcement of fair employment practice laws, and, if so, the date of such commencement and the name of the authority. 8 1601.12 Referrals to State and local authorities.
In any instance in which an aggrieved person seeks to file a charge and it appears from the charge or from other information that the aggrieved person has not begun proceedings before a State or local authority pursuant to section 706 (b) of Title VII, the Commission may not accept the charge for filing, but shall assist the aggrieved person in complying with section 706 (b). $ 1601.13 Service of charge.
l'pon the filing of a charge, the Commission shall furnish the respondent with a copy thereof by certified mail or in person.
INVESTIGATION OF A CHARGE $ 1601.14 By whom made.
The investigation of a charge shall be made 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. As part of each investigation, the respondent shall be offered an opportunity to submit a statement of its position with respect to the allegations. The Commission encourages voluntary cooperation in its investigations, but will resort to the compulsory processes authorized by Title VII, when, in its judgment, such resort becomes necessary. $ 1601.15 Documentary evidence to be produced by a respondent.
To effectuate the purposes of Title VII, the Commission may demand in writing that the respondent produce or permit access to, for the purpose of examination and copying, evidence described in the demand. Such demand shall (a) disclose the relationship to the Commission of the person before whom such production shall be made or to whom access shall be permitted, and (b) fix the time and place for such production or access within the State wherein the evidence is kept. If there be noncompliance with any such demand, the Commission may utilize the procedures of section 710 of Title VII to compel compliance. 8 1601.16 Witnesses.
To effectuate the purposes of Title VII, 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(b) of Title VII to compel such person to testify. A transcript of testimony may be made a part of the record of each investigation. $ 1601.17 Payment of witness fees and mileage.
Witnesses who testify as provided above shall be paid the same fees and mileage that are paid witnesses in the courts of the l'nited States. $ 1601.18 Right to inspect or copy data.
A person who submits data or evidence to the Commission may retain or. on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that a witness may for good cause be limited to inspection of the offical transcript of his testimony.
Upon the completion of an investigation, if the Commission determines that there is not reasonable cause to believe that the charge is well founded, or determines that the charge has not been timely filed, it shall dismiss the charge and promptly notify the aggrieved parties and the respondent, in writing, of such action. In such event, the Commission may, upon good cause shown by the charging party, reconsider its action. $ 1601.20 Confidentiality.
Neither a charge, nor information obtained pursuant to section 709(a) of Title VII, nor information obtained from records required to be kept or reports required to be filed pursuant to sections 709 (c) and (d) of said Title, shall be made matters of public information by the Commission prior to the institution under the title of a court proceeding involving such charge or information. This provision does not apply to such earlier disclosures to the charging party, the respondent, witnesses, and representatives of interested Federal, State, and local agencies as may be appropriate or necessary to the carrying out of the Commission's functions under the title, nor to the publication of data derived from such information in a form which does not reveal the identity of the charging party, respondent, or person supplying the information.
PROCEDURE TO RECTIFY UNLAWFUL EMPLOYMENT PRACTICES $ 1601.21 Reasonable cause; conference, conciliation and persuasion.
In any case in which the Commission determines that there is reasonable cause to believe that an unlawful employment practice has occurred or is occurring, the Commission shall notify the respondent and the charging party in writing of the fact of determination, and shall within the limitations of time set forth in section 706(e) of Title VIII, endeavor to eliminate such practice by informal methods of conference, conciliation, and persuasion. In any instance in which a member of the Commission has filed a charge under $ 1601.10, he shall not participate in the determination in that case of the question whether such reasonable cause exists. $ 1601.22 Settlements.
The Commission shall attempt to achieve a just resolution and to obtain assurances that the respondent will eliminate the unlawful employment practice and take appropriate affirmative action. Disposition of a case pursuant to this section shall be in writing, and notice thereof shall be sent to the parties. Proof of compliance with Title VII will be obtained by the Commission before the case is closed. $ 1601.23 Refusal of respondent to cooperate.
Should a respondent fail or refuse to confer with the Commission or its representative, or fail or refuse to make a good faith effort to resolve any dispute, the Commission may terminate its efforts to conciliate the dispute. In such event, the respondent shall be notified promptly, in writing, that such efforts have been unsuccessful and will not be resumed except upon the respondent's written request within the time specified in such notice. $ 1601.24 Confidentiality of endeavors.
Nothing that is said or done during and as a part of the 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 without the written consent of the parties, or used as evidence in a subsequent proceeding.
PROCEDU'RE AFTER FAILURE TO OBTAIN VOLUNTARY COMPLIANCE $ 1601.25 Notice to respondent and aggrieved person.
In any instance in which the Commission is unable to obtain voluntary compiiance as provided by Title VII it shall so notify the repondent and the aggrieved person or persons. Notification to an aggrieved person shall include:
(a) A copy of the charge.
(C) Advice concerning his right to proceed in court under section 706(e) of Title VII.
8 1601.26 Referral to the Attorney General.
If the Commission is unable to obtain voluntary compliance, it may inform the Attorney General of appropriate facts in the case with recommendations for intervention by him in a civil action previously instituted by an aggrieved party under section 706 of Title VII, and the Commission may make public the fact that it has so recommended to the Attorney General. The Commission may further recommend to the Attorney General that he institute a civil action under section 707 of said title involving a pattern or practice of resistance to the full enjoyment of any of the rights secured by said title. SUBPART C—XOTICES TO EMPLOYEES, APPLICANTS FOR EMPLOYMENT AND
UNION MEMBERS $ 1601.27 Notices to be posted.
Notices, to be prepared by, and to be available from, the Commission, shall be posted by employers, employment agencies, and labor organizations as required by section 711(a) of Title VII.
SUBPART D_INTERPRETATIONS AND OPINIONS BY THE COMMISSION 8 1601.28 Request for interpretation or opinion; who may file.
Any interested person desiring a written interpretation or opinion from the Commission may make a request therefor. & 1601.29 Contents of request; where to file.
A request for an "opinion letter” shall be in writing, signed by the person making the request, addressed to the Chairman, Equal Employment Opportunity Commission, Washington, D.C., 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 interpretation or opinion should be issued. $ 1601.30 Issuance of interpretation or opinion.
Only (a) a letter entitled "opinion letter" and signed by the General Counsel on behalf of the Commission or (b) matter published and so designated in the FEDERAL REGISTER may be considered a "written interpretation or opinion of the Commission" within the meaning of section 713 of Title VII.
SUBPART E-CONSTRUCTION OF RULES $ 1601.31 Rules to be liberally construed.
The rules and regulations in this part shall be liberally construed to effectuate the purpose and provisions of Title VII.
SUBPART F--ISSUANCE, AMENDMENT, OR REPEAL OF RULES $ 1601.32 Petitions.
Any interested person may petition the Commission, in writing, for the issuance, amendment, or repeal of a rule or regulation. An original and 12 legibly duplicated (not carbon) copies of such petition shall be filed with the Commission in Washington, D.C., 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. $ 1601.33 Action on petition.
['pon 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 de nial, accompanied by a simple statement of the grounds unless the denial be selfexplanatory.