appropriate office shall render assistance § 1601.11 Charges by members of the amended by the Equal Employment Op- (b) 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. § 1601.4 Vice Chairman's functions. The member of the Commission designated by the President to serve as Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office. § 1601.5 Region; district; supervisory authority. 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 "regional director" shall refer to that person designated as the Commission's chief officer in each region. The term "district" shall mean that area within a region fixed by the Commission as a particular sub-unit of a region. The term "district director" shall refer to that person designated as the Commission's chief officer in each district. The term "model office" shall refer to a district office which, although located within a region, has been designated by the Commission to operate under the supervision of the Executive Director, through the Director of the Office of Field Services, and the General Counsel; a model office does not operate under the supervision of a regional director. The regional director is hereby delegated all of the authority granted in this part to district directors to be exercised within the scope of his or her supervisory authority over each district director in his or her region, except with regard to model offices. The Director of the Office of Field Services is hereby delegated all of the authority granted in this part to regional directors and to directors of model offices to be exercised within the scope of his or her supervisory authority over such directors. The regional offices of the General Counsel are under direct control of the Commission's General Counsel. Subpart B-Procedure for the Prevention of Unlawful Employment Practices § 1601.6 Submission of information. The Commission shall receive information concerning alleged violations of Title VII from any person. Where the information discloses that a person is entitled to file a charge with the Commission, the persons claiming to be aggrieved. (a) 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 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, address and telephone number 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 address and with notice of any prolonged absence from that current address so that he or she can be located when necessary during the Commission's consideration of the charge. § 1601.8 Where to make a charge. A charge may be made in person or by mail at the offices of the Commission in Washington, DC., or any of its district or regional offices or with any designated representative of the Commission. The addresses of the Commission's district offices appear in 1610.4. § 1601.9 Form of charge. A charge shall be in writing and signed and shall be verified. § 1601.10 Withdrawal of a charge by a person claiming to be aggrieved. 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, the Director of the Office of Field Services and the Director of the Office of Systemic 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. Any member of the Commission may file a charge with the Commission. Such charge shall be in writing and signed and shall be verified. § 1601.12 Contents of charge; amendment of charge. (a) Each charge should contain the following: (1) The full name, address and telephone number of the person making the charge except as provided in § 1601.7; (2) The full name and address 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. § 1601.13 Filing; deferrals to State and local agencies. (a) The timeliness of a charge shall be measured for purposes of satisfying the filing requirements of section 706 e) of Title VII by the date on which the charge is received by the Commission. (b) The Commission shall assume jurisdiction over charges not subject to the jurisdiction of a 706 agency upon receipt. (c) Deferral policy. (1) In order to give full weight to the policy of section 706 (c) of the Act, 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 and State or local law, the Commission adopts the following procedures with respect to allegations of discrimination filled with the Commission where there is no evidence FEDERAL REGISTER, VOL. 42, NO. 199-FRIDAY, OCTOBER 14, 1977 55390 that such allegations were earlier presented to an appropriate 706 Agency. 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. (2) Section 706(c) of Title VII grants States and their political subdivisions the exclusive right to process allegations of discrimination filled by a person other than a Commissioner for a period of sixty days or 120 days during the first year after the effective date of the qualifying State or local law. This right exists where pursuant to Subpart H of this part it has been demonstrated to the Commission that a State or local law prohibits the employment practice alleged to be unlawful and a State or local agency has been authorized to enforce and does enforce that law through civil or criminal proceedings. After the expiration of the exclusive processing period. the Commission may commence processing the allegation of discrimination. (3) A 706 Agency may waive its right to the period of exclusive processing of charges provided under section 706 (c) of Title VII with respect to any charge or category of charges. Where a 706 Agency has waived its right to the exclusive processing period with respect to any category of charges, the Commission will assume jurisdiction over charges within that category upon receipt. Copies of such charges shall be forwarded to the appropriate 706 Agency. (d) The following procedures shall be followed with respect to cases arising in the jurisdiction of "706 Agencies." (1) Where any document. whether or not verified, is received by the Commission as provided in § 1601.8 which may constitute a charge cognizable under Title VII, and where the 706 Agency has not waived its right to the period of exclusive processing with respect to that document, that document shall be deferred to the appropriate 706 Agency as provided in the procedures set forth below: RULES AND REGULATIONS Title VII, the Commission shall assume jurisdiction over a document described in paragraph (d)(1) of this section as follows: (1) Where the document on its face constitutes a charge within a category of charges over which the 706 Agency has waived its right to the period of exclusive processing referred to in paragraph (b) (3) of this section, the Commission will assume jurisdiction over the charge upon receipt of the document; (11) Where the document is submitted to the Commission within 180 days from the date of the alleged violation but beyond the period of limitation of the appropriate 706 Agency, the Commission shall assume jurisdiction on receipt of the document; (ii) Where the proceedings of a 706 Agency have been commenced pursuant to paragraph (d)(1) of this section, the Commission shall assume jurisdiction sixty (or where appropriate 120) days after the 706 Agency proceedings have been commenced, except where the Commission is earlier notified of the termination of State proceedings. It shall immediately assume jurisdiction upon receipt of such notice. (iv) Where the proceedings of a 706 Agency have been commenced less than sixty (or, where appropriate, 120) days prior to the time the Commission receives the document and those proceedings have not previously been terminated, the Commission shall assume jurisdiction 60 (or, where appropriate, 120) days after the 706 Agency proceedings have been commenced, except where the Commission is earlier notified of the termination of state proceedings, it shall immediately assume jurisdiction upon receipt of such notice. (e) In addition to the provisions in paragraphs (a), (b), and (c) of this section and pursuant to section 705 (g) (1) and section 709(b) of Title VII, the Commission shall endeavor to enter into agreements with 706 Agencies and other fair employment practice agencies to establish effective and integrated resolution procedures. Such agreements may include, but need not be limited to, cooperative arranagements to provide for processing of certain charges by the Commission. rather than by the 706 (1) All such documents shall be dated Agency during the period specified in and time stamped upon receipt. (11) A copy of the original document shall be transmitted by registered mail, return receipt requested, to the appropriate State or local agency, or, where the State or local agency has consented thereto, by certified mail, by regular mail or by hand delivery. State or local proceedings are deemed to have commenced on the date such document is mailed or hand delivered. (i) The person claiming to be aggrieved and any person filing a charge on behalf of such person shall be notified, in writing, that the document which he or she sent to the Commission has been forwarded to the State or local agency pursuant to the provisions of section 706 (c). (2) For purposes of satisfying the filing requirement of section 706(c) of section 706 (c) and section 706 (d) of Title VII (f) Notwithstanding the deferral provisions of this section, the Commission may make a preliminary investigation and commence judicial action for immediate, temporary or preliminary relief pursuant to section 706(f) (2) of Title VII. (g) A charge made by a member of the Commission shall be deemed filed upon receipt by the Commission office responsible for investigating the charge. The Commission will notify a 706 Agency when an allegation of discrimination is made by a member of the Commission concerning an employment practice occurring within the jurisdiction of the 706 Agency. The 706 Agency will be entitled to process the charge exclusively for a period of not less than sixty days if the 706 Agency makes a written request to the Commission within ten days of receiving notice that the allegation has been filled. The sixty day period shall be extended to one-hundred and twenty days during the first year after the effective date of the qualifying State or local law. § 1601.14 Service of charge or notice of charge. (a) Within ten days after the filing of a charge in the appropriate Commission office, the Commission shall serve respondent a copy of the charge, by mail or in person, except when it is determined that providing a copy of the charge would impede the law enforcement functions of the Commission. Where a copy of 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 (including the date, place, circumstances and identity of the person filing the charge, or, in the case of a charge filed on behalf of any individual, the identity of the person or organization so filing). (b) The District Directors, the Director of the Office of Field Services and the Director of the Omce of Systemic Programs, or their designees, are hereby delegated the authority to issue the notice described in paragraph (a) of this section. INVESTIGATION OF A CHARGE § 1601.15 Investigative authority. (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 FEDERAL REGISTER, VOL. 42, NO. 199—FRIDAY, OCTOBER 14, 1977 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. 1601.16 Access to and production of evidence; testimony of witnesses; procedure and authority. (a) To effectuate the purposes of Title VII, any member of the Commission shall have the authority to sign and issue a subpoena requiring: (1) the attendance and testimony of witnesses; (1) 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 (iii) access to evidence for the purposes of examination and the right to copy. Any District Director, the Director of the Office of Field Services and the Director of the Omce of Systemic 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) Any person served with a subpoena who intends not to comply therewith shall within five days (excluding Saturdays, Sundays and Federal legal holidays) after the date of service of the subpoena upon him or her, petition the General Counsel by mail to revoke or modify the subpoena. Such petition shall be mailed to 2401 E Street NW., Washington, D.C. 20506, and a copy thereof shall be served on the person who issued the subpoena. The petition shall separately identify each portion of the subpoena with which the petitioner does not intend to comply and shall state, with respect to each such portion, the grounds upon which the petitioner relies. A copy of the subpoena shall be attached to the petition and shall be designated "Attachment A." Within eight days after receipt thereof or as soon thereafter as practicable, the General Council shall make a determination upon the petition, stating reasons, and shall submit the petition and determination to the Commission for its review. The Commission shall review the petition and make a final determination. A commissioner who has Jesued a subpoena shall abstain from reviewing any petition to modify or revoke the subpoena. The Commission shall RULES AND REGULATIONS serve a copy of the final determination of the petition upon the petitioner. For purposes of this section, service shall be made and proof thereof established pursuant to section 11(4) of the National Labor Relations Act, as amended, 29 U.S.C. 161(4), as made applicable to Commission hearings and investigations by section 710 of Title VII: Provided, however, That whenever the subpoena was issued by the Director of a Model Office, the petition to revoke or modify the subpoena shall be mailed to that Director, within the 5-day period specified above, who will make a determination on to appeal the determination of the Dithe petition. Any petitioner who wishes rector shall do so by foliowing the standard procedures specified above. Such appeal shall, in addition, be clearly labeled as "Appeal of Petition to Revoke or Modify Subpoena," and shall attach the initial petition and determination, designated as "Attachments B and C." No argument not presented to the Director of the Model Office will be considered by the Commission. (c) Upon the failure of any person to comply with a subpoena issued under this section, the Commission may utilize the procedures of section 11(2) of the National Labor Relations Act, as amended, 29 U.S.C. 161(2), to compel enforcement of the subpoena. (d) Witnesses who are subpoenaed pursuant to § 1601.16 (a) shall be entitled to the same fees and mileage that are paid witnesses in the courts of the United States. § 1601.17 Witnesses for public hearings. (a) To effectuate the purposes of Title VII, 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 procepel such person to testify. A transcript dures of section 710 of Title VII to comof 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. § 1601.18 Right to inspect or copy data. A person who submits data or evidence PROCEDURE FOLLOWING FILING OF A § 1601.19 Dismissal: Procedure and (a) Where a charge on its face, or as 56391 or where after investigation the Commission determines, that the charge and every portion thereof is not timely filled, or otherwise fails to state a claim under Title VII, the Commission shall dismiss the charge. A charge which raises a claim exclusively under section 717 of Title VII shall not be taken and persons seeking to raise such claims shall be referred to the appropriate federal agency. (b) Where the Commission determines after investigation that there is not reasonable cause to believe that Title VII has been violated, the Commission shall dismiss the charge. (c) Where the person claiming to be aggrieved fails to provide requested necessary information. fails or refuses to appear or to be available for interviews or conferences as necessary, fails or refuses to provide information requested by the Commission pursuant to § 1601.15 (b), or otherwise refuses to cooperate to the extent that the Commission is unable to resolve the charge, and after due notice, the charging party has had thirty days in which to respond, the Commission may dismiss the charge. (d) Where the person claiming to be aggrieved cannot be located, the Commission may dismiss the charge: Providea, That reasonable efforts have been made to locate the charging party and the charging party has not responded within 30 days to a notice sent by the Commission to the person's last known address. (e) Where a respondent has made a settlement offer described in 1601.20 which is in writing and specific in its terms, the Commission may dismiss the charge if the person claiming to be aggrieved refuses to accept the offer: Provided. That the offer would afford full relief for the harm alleged by the person claiming to be aggrieved and the person claiming to be aggrieved fails to accept such an offer within 30 days after actual notice of the offer. (1) Written notice of disposition, pursuant to paragraphs (a), (b), (c), (d), or (e) of 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 appllcable; in the case of a Commissioner charge, to all persons specified in § 1601.28(b) (2); and to the respondent. Appropriate notices of right to sue shall be issued pursuant to § 1601.28. (g) The Commission hereby delegates authority to District Directors, the Director of the Office of Field Services and the Director of the Office of Systemic Programs, as appropriate, to dismiss charges, 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. § 1601.20 Negotiated settlement. (a) Prior to the issuance of a determination as to reasonable cause, the Commission will encourage the parties to settle the charge on terms that are mutually agreeable. District Directors, the Director of the Office of Field Services and the Director of the Office of Sys FEDERAL REGISTER, VOL. 42, NO. 199-FRIDAY, OCTOBER 14, 1977 55392 temic Programs, or their designees, shall have the authority to sign any settlement agreement which is agreeable to both parties. The Commission shall limit its undertaking in such settlements to an agreement not to process that charge further. Such settlements shall note that the Commission has made no judgment on the merits of the charge. 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. § 1601.21 Reasonable cause determination: Procedure and authority. (a) Where a charge has not been settled or dismissed, the Commission shall, after making investigative efforts, determine whether reasonable cause exists to believe that Title VII has been violated. A determination as to 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 identifled by the Commissioner in the thirdparty certificate, if any, and the respondent. The Commission's determination is final when issued. 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. When it does reconsider, the Commission shall provide prompt notification of its decision to amend, alter or revoke such decision or Letter of Determination 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 Commissioner in the third-party certificate, if any, and the respondent (c) Where a member of the Commission has filed a Commissioner charge, he or she shall abstain from making a determination in that case. (d) The Commission hereby delegates to District Directors, the Director of the Office of Field Services and the Director of the Office of Systemic Programs the authority, in those cases in which previously issued Commission Decisions serve as precedent for the determination and in those cases in which the Commission's Guidelines provides a statement of policy which serves as authority for the determination, upon completion of an investigation, to dismiss a charge, make a determination, issue a Letter of Determination RULES AND REGULATIONS and serve a copy thereof upon the parties. Such determination is final when the Letter of Determination is issued. However, the Director of the Office of Field Services, the Director of the Office of Systemic Programs and each District Director for determinations issued by his or her office may on his or her own initiative reconsider determinations. When he or she has done so, the issuing Director shall promptly notify 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 Commissioner in the thirdparty certificate, if any, and the respondent of his or her decision to amend, alter or revoke such Letter of Determination. (e) In making a determination as to whether reasonable cause exists, substantial weight shall be accorded final findings and orders made by designated 706 Agencies to which the Commission defers charges pursuant to § 1601.13. For the purposes of this section, the following definitions shall apply: (1) "Final findings and orders" shall mean: (1) The findings of fact and order incident thereto issued by a 706 Agency on the merits of a charge; or (i) The consent order or consent decree entered into by the 706 Agency on the merits of a charge. Provided, however. That no findings and order of a 706 Agency shall be considered final for purposes of this section unless the 706 Agency shall have served a copy of such findings and order upon the Commission and upon the person claiming to be aggrieved and shall have informed such person of his or her rights of appeal or to request reconsideration, or rehearing or similar rights; and the time for such appeal, reconsideration, or rehearing request shall have expired or the issues of such appeal, reconsideration or rehearing shall have been determined. (2) "Substantial weight" shall mean that such full and careful consideration shall be accorded to final findings and orders, as defined above, as is appropriate in light of the facts supporting them when they meet all of the prerequisites set forth below: (1) The proceedings were fair and regular; and (1) The practices prohibited by the State or local law are comparable in scope to the practices prohibited by Federal law; and (iii) The final findings and order serve the interest of the effective enforcement of Title VII: Provided, That giving substantial weight to final findings and orders of a 706 Agency does not include according weight, for purposes of apply. ing Federal law, to such Agency's conclusions of law. be made matters of public information by the Commission prior to the institution of any proceedings under this Title 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 necesary to the carrying out of the Commission's function under Title VII, 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. PROCEDURE TO RECTIFY UNLAWFUL (a) In the interest of the expeditious procedure required by section 706(1)(2) of Title VII, the Commission hereby delegates to the Director of the Office of Field Services, the Director of the Office of Systemic 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 Services, the Director of the Office of Systemic 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. § 1601.24 Conciliation: Procedure and authority. (a) Where the Commission determines that there is reasonable cause to believe that an unlawful employment practice has occurred or is occurring, it 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 FEDERAL REGISTER, VOL. 42, NO. 199-FRIDAY, OCTOBER 14, 1977 1 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 who are signatories thereto. (b) District Directors, the Director of the Office of Field Services and the Director of the Office of Systemic Programs, or their designees, are hereby delegated authority to enter into informal conciliation efforts. District Directors, the Director of the Office of Field Service and the Director of the Office of Systemic Programs are hereby delegated the authority to 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(1)(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 $1601.25 Failure of conciliation; no- Where the Commission is unable to § 1601.26 Confidentiality of endeavors. (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: 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. (b) Factual information obtained by the Commission during such informal RULES AND REGULATIONS endeavors, if such information is other- PROCEDURE CONCERNING THE INSTITUTION § 1601.27 sion. The Commission may bring a civil action against any respondent named in a charge not a governinent, governmental agency or political subdivision, after thirty (30) days from the date of the filling of a charge with the Commission unless a conciliation agreement acceptcured: able to the Commission has been seProvided, 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 hereof, at any time. § 1601.28 Notice of right to sue: Procedure and authority. (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 fling of the charge or 180 days after the expiration of any period of reference under section 706 d) of Title VII as appropriate. or aggrieved requests. in writing, that a of the (3) Issuance of a notice of right to sue shall terminate further processing of any charge not a Commissioner charge unless the Director of the Office of Field Services, the Director of the Office of Systemic Programs, the appropriate District Director, or the General Counsel, determines at that time or at a later time Title VII to further process the charge. that it would effectuate the purposes of Issuance of a notice of right to sue shall 55393 not terminate the processing of a Commisstoner charge. (4) The issuance of a notice of right to sue does not preclude the Commission from offering such assistance to a person issued such notice as the Commission deems necessary or appropriate. (b) Issuance of notice of right to sue following Commission disposition of a charge. (1) Where the Commission has found reasonable cause to believe that the Act has been violated, has been unable to obtain voluntary compliance with Title VII. and where the Commission has decided not to bring a civil action against the respondent, it will issue a notice of right to sue on the charge as described in 1601.28 e) to: (1) The person claiming to be aggrieved, or, In the case of a Commissioner charge, to any member of the class who is named in the charge. identified by the Commissioner in a third-party certifcate, or otherwise identified by the Commission as a member of the class. and provide a copy thereof to all parties. (2) Where the Commission has entered into a conciliation agreement to which the person claiming to be aggrieved is not a party, the Commission shall issue a notice of right to sue on the charge to the person claiming to be aggrieved. 13) Where the Commission has dismissed a charge pursuant to § 1601.19, it shall issue a notice of right to sue as described in 1601.28(e) to: (i) The person claiming to be aggrieved, or, (1) In the case of a Commissioner charge, to any member of the class who is named in the charge, identified by the Commissioner in a third-party certifcate. or otherwise identified by the Commission as a member of the class, and provide a copy thereof to all parties. (4) The issuance of a notice of right to sue does not preclude the Commission from offering such assistance to a person issued such notice as the Commission deems necessary or appropriate. (e) The Commission hereby delegates authority to District Directors, the Director of the Office of Field Services and the Director of the Office of Systemic Programs, or their designees, to issue notices of right to sue, in accordance with this section, on behalf of the Commission.' (d) Notices of right to sue for charges against Governmental respondents. Notices of right to sue in cases where the respondent is a government, governmental agency. or a political subdivision thereof, shall be issued by the Attorney Formal Ratification-Notice given that the EEOC at a Commission meetis hereby ing on March 12, 1974, formally ratified the acts of the District Directors of EEOC Diatrict Offices in issuing notices of right to sue pursuant to Commission practice instituted on October 15, 1969, and continued through March 18. 1974, (March 18, 1974). FEDERAL REGISTER, VOL. 42, NO. 199-FRIDAY, OCTOBER 14, 1977 39 PR 10178 |