behalf of the Commission. Where a charge has been filed on behalf of a person claiming to be aggrieved, the notice of right to sue shall be issued in the name of the person or organization who filed the charge.1 (d) Notices of right-of-sue for charges against Governmental respondents. In all cases where the respondent is a government, governmental agency, or a political subivision, the Commission will issue the notice of right to sue when there has been a dismissal of a charge. The notice of right to sue will be issued in accordance with §1601.28(e). In all other cases where the respondent is a government, governmental agency, or political subdivision, the Attorney General will issue the notice of right to sue, including the following cases: (1) When there has been a finding of reasonable cause by the Commission, there has been a failure of conciliation, and the Attorney General has decided not to file a civil action; and (2) Where a charging party has requested a notice of right to sue pursuant to §1601.28(a)(1) or (2). In cases where a charge of discrimination results in a finding of cause in part and no cause in part, the case will be treated as a "cause" determination and will be referred to the Attorney General. (e) Content of notice of right to sue. The notice of right to sue shall include: (1) Authorization to the aggrieved person to bring a civil action under title VII or the ADA pursuant to section 706(f)(1) of title VII or section 107 of the ADA within 90 days from receipt of such authorization; (2) Advice concerning the institution of such civil action by the person claiming to be aggrieved, where appropriate; (3) A copy of the charge; 1 Formal Ratification-Notice is hereby given that the EEOC at a Commission meeting on March 12, 1974, formally ratified the acts of the District Directors of EEOC District Offices in issuing notices of right to sue pursuant to Commission practice instituted on October 15, 1969, and continued through March 18, 1974. 39 FR 10178 (March 18, 1974). (4) The Commission's decision, determination, or dismissal, as appropriate. [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] § 1601.29 Referral to the Attorney General. 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. Subpart C-Notices to Employees, Applicants for Employment and Union Members § 1601.30 Notices to be posted. (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 or the ADA 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 and the ADA. Such notice must be posted in prominent and accessible places where notices to employees, applicants and members are cusomarily maintained. (b) Section 711(b) of Title VII makes failure to comply with this section punishable by a fine of not more than $110 for each separate offense. [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] Subpart D-Construction of Rules § 1601.34 Rules to be liberally construed. These rules and regulations shall be liberally construed to effectuate the purpose and provisions of title VII and the ADA. [44 FR 4670, Jan. 23, 1979. Redesignated and amended at 56 FR 9624, 9625, Mar. 7, 1991] Subpart E-Issuance, Amendment, or Repeal of Rules § 1601.35 Petitions. 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, 1801 L Street NW., 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. [42 FR 55388, Oct. 14, 1977, as amended at 54 FR 32061, Aug. 4, 1989. Redesignated at 56 FR 9625, Mar. 7, 1991] § 1601.36 Action on petition. 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. [42 FR 55388, Oct. 14, 1977. Redesignated at 56 FR 9625, Mar. 7, 1991] Subpart F [Reserved] Subpart G-FEP Agency § 1601.70 FEP agency qualifications. 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 or disability; 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 Chairman 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 (authority) representative whom the Commission may contact with reference to any legal or other questions that may arise regarding designation; (4) A detailed statement as to how the agency or authority meets the qualifications of paragraph (a) (1) and (2) of § 1601.70. (d) Where both State and local FEP agencies exist, the Commission reserves the right to defer to the State FEP agency only. However, where there exist agencies of concurrent jurisdiction, the Commission may defer to the FEP agency which would best serve the purposes of title VII or the ADA, or to both. (e) The Chairman or his or her designee, will provide to the Attorney General of the concerned State (and corporation counsel of a concerned local government, if appropriate) an opportunity to comment upon aspects of State or local law which might affect the qualifications of any new agency in that State otherwise cognizable under this section. [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] § 1601.71 FEP agency notification. (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 Chairman 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 Chairman will so notify the affected agency and give it 15 days in which to respond to the preliminary findings. If the Chairman 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. [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] §§ 1601.72-1601.73 [Reserved] § 1601.74 Designated and notice agencies. (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 Austin (TX) Human Relations Commission 3 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 Clearwater (FL) Office of Community Relations Colorado Civil Rights Commission 2 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). 3 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). 4 The Colorado State Personnel Board has been designated as a FEP agency for only those charges which relate to appointments, promotions, and other personnel actions that take place in the State personnel system. In addition, it has been designated as a FEP agency for all of the above mentioned Commonwealth of Puerto Rico Department of Labor 5 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 Durham (NC) Human Relations Commission East Chicago (IN) Human Rights Commission Evansville (IN) Human Relations Commission Fairfax County (VA) Human Rights Commission Florida Commission on Human Relations Fort Dodge-Webster County (IA) Human Rights Commission Fort Wayne (IN) Metropolitan Human Relations Commission Fort Worth (TX) Human Relations Commission Gary (IN) Human Relations Commission Georgia Office of Fair Employment Practices 6 Hawaii Department of Labor and Industrial Relations? Hillsborough County (FL) Equal Opportunity and Human Relations Department Howard County (MD) Human Rights Commission 8 charges except charges which allege a violation of section 704(a) of title VII. For this type of charge it shall be deemed a "Notice Agency" pursuant to 29 CFR 1601.71(b). 5 The Commonwealth of Puerto Rico Department of Labor has been designated as a FEP agency for all charges except (1) charges alleging a "labor union" has violated title VII; (2) charges alleging an "Employment Agency" has violated title VII; (3) charges alleging violations of title VII by agencies or instrumentalities of the Government of Puerto Rico when they are not operating as private businesses or enterprises; and (4) all charges alleging violations of sec. 704(a) or title VII. For these types of charges it shall be deemed a "Notice Agency," pursuant to 29 CFR 1601.71(b). 6 The Georgia Office of Fair Employment Practices has been designated as a FEP agency for all charges covering the employment practices of the departments of the State of Georgia only. 7The Hawaii Department of Labor and Industrial Relations has been granted FEP agency designation of all charges except those filed against units of the State and local government, in which case it shall be deemed a "Notice Agency." 8 The Howard County (MD) Human Rights Commission has been granted designation of all charges except those filed against agen Huntington (WV) Human Relations Commission Idaho Human Rights Commission Jacksonville (FL) Equal Employment Opportunity Commission Kansas City (KS) Human Relations Department Kansas City (MO) Human Relations Department Kansas Human Rights Commission Kentucky Commission on Human Rights Lee County (FL) Department of Equal Opportunity Lexington-Fayette (KY) Urban County Human Rights Commission Lincoln (NE) Commission on Human Rights9 Louisiana (LA) Commission on Human Rights Louisville and Jefferson County (KY) Human Relations Commission Madison (WI) Equal Opportunities Commission Maine Human Rights Commission Maryland Commission on Human Relations Mason City (IA) Human Rights Commission Massachusetts Commission Against Dis crimination Michigan City (IN) Human Rights Commission Michigan Department of Civil Rights Minneapolis (MN) Department of Civil Rights Minnesota Department of Human Rights Missouri Commission on Human Rights Montana Human Rights Division Montgomery County (MD) Human Relations Commission Nebraska Equal Opportunity Commission Nevada Commission on Equal Rights of Citi zens New Hampshire Commission for Human Rights New Hanover (NC) Human Relations Commission 10 cies of Howard County in which case it shall be deemed a "Notice Agency." 9 The Lincoln (NE) Commission on Human Rights has been designated as a FEP agency for all charges except (1) a charge by an "applicant for membership" alleging a violation of section 703(c)(2) of title VII (2) a charge by an individual alleging that a "joint labormanagement committee" has violated section 704(a) of title VII; and (3) a charge by an individual alleging that a "joint labor-management committee" has violated section 704(b) of title VII. For those types of charges, it shall be deemed a "Notice Agency," pursuant to 29 CFR 1601.71(b). 10 The New Hanover Human Relations Commission is being designated as a FEP agency Continued New Haven (CT) Commission on Equal Opportunities New Jersey Division of Civil Rights, Depart- New York State Division on Human Rights North Carolina State Office of Administrative Hearings North Dakota Department of Labor Ohio Civil Rights Commission Oklahoma Human Rights Commission Omaha (NE) Human Relations Department Orange County (NC) Human Relations Commission Oregon Bureau of Labor Orlando (FL) Human Relations Department Paducah (KY) Human Rights Commission Palm Beach County (FL) Office of Equal Opportunity Pennsylvania Human Relations Commission Philadelphia (PA) Commission on Human Relations Pinellas County (FL) Affirmative Action Office Pittsburgh (PA) Commission on Human Rights Prince George's County (MD) Human Relations Commission Prince William County (VA) Human Rights Commission Rhode Island Commission for Human Rights Richmond County (GA) Human Rights Commission Rockville (MD) Human Rights Commission St. Louis (MO) Civil Rights Enforcement Agency St. Paul (MN) Department of Human Rights St. Petersburg (FL) Human Relations Division 11 for charges covering employment practices under section 706(c) of title VII and CFR 1601.70 et seq. (1980) within New Hanover County and "such cities within the county as may by resolution of their governing boards, permit the Ordinance of the Board of Commissioners of New Hanover County entitled 'Prohibition of Discrimination in Employment' to be applicable within such cities." This covers Wilmington City and the unincorporated area of New Hanover County. At this time Wrightsville Beach, Carolina Beach and Kure Beach are not included in this designation. For charges from these latter locales the New Hanover Human Relations Commission shall be deemed a "Notice Agency," pursuant to 29 CFR 1601.71(b). 11 On June 1, 1979, the St. Petersburg Office of Human Relations was designated a FEP agency for all charges except those charges alleging retaliation under section 704(a) of title VII. Accordingly, "for retaliation charges" it was deemed a "Notice Agency, pursuant to 29 CFR 1601.71(c). See 44 FR Seattle (WA) Human Rights Commission Sioux Falls (SD) Human Relations Commission South Bend (IN) Human Rights Commission South Carolina Human Affairs Commission South Dakota Division of Human Rights Springfield (OH) Human Relations Department Tacoma (WA) Human Relations Commission Tampa (FL) Office of Community Relations Tennessee Commission for Human Development Texas Commission on Human Rights Topeka (KS) Human Relations Commission Utah Industrial Commission, Anti-Discrimination Division Vermont Attorney General's Office, Civil Vermont Human Rights Commission Wisconsin Equal Rights Division, Department of Industry, Labor and Human Relations Wisconsin State Personnel Commission 12 Wyoming Fair Employment Practices Commission York (PA) Human Relations Commission Youngstown (OH) Human Relations Commission (b) The designated Notice Agencies are: Arkansas Governor's Committee on Human Ohio Director of Industrial Relations (Sec. 713(a) 78 Stat. 265 (42 U.S.C. 2000e12(a))) [46 FR 33030, June 26, 1981. Redesignated at 56 FR 9625, Mar. 7, 1991] EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 1601.74, see the List of CFR Sections Affected, which appears in the 31638. On May 23, 1979, an ordinance amended the St. Petersburg, FL Human Relations law to include charges of retaliation. Therefore, retaliation charges will be deferred to that agency effective immediately. 12 The Wisconsin State Personnel Commission is being designated as a FEP agency for all charges covering the employment practices of the agencies of the State of Wisconsin except those charges alleging retaliation under 704(a) of title VII. Accordingly, for retaliation charges, it shall be deemed a Notice Agency pursuant to 29 CFR 1601.71(b). |