(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 Commissioner charges may not be withdrawn pursuant to this section after a determination as to reasonable cause has been made.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.
[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]
Notes of Decisions
Fed. Express Corp. v. Holowecki, 552 U.S. 389 (2008).
· cites it 2× “Although the "Charge Questionnaire" form is dated "Test 10/94," and is the only questionnaire form included in the Compliance Manual, it was not the form respondent used. Her intake questionnaire form was dated 1987.”
Love v. Pullman Co., 404 U.S. 522 (1972).
· cites it 2× “2 Title 29 CFR §1601.11 (b) (1971) provides: “[A] charge is deemed filed when the Commission receives from the person aggrieved a written statement sufficiently precise to identify the parties and to describe generally the action or practices complained of.”
Frank I. Ramirez, Appellant, v. Nat'l Distillers & Chem. Corp., Appellee, 586 F.2d 1315 (9th Cir. 1978).
· cites it 2× “EEOC regulations provide that: "(a) charge may be amended to cure technical defects or omissions, including failure to swear to the charge, or to clarify and amplify allegations made therein, and such amendments alleging additional acts which constitute unlawful employment…”
Margaret PRICE, Plaintiff-Appellant, v. Sw. BELL Tel. Co., Defendant-Appellee, 687 F.2d 74 (5th Cir. 1982).
“Prior to passage of the 1972 amendments to Title VII of the 1964 Civil Rights Act, we rejected arguments that charges must be formal and sworn to within the applicable time period, despite the statutory requirement that private *78 complainants file a written charge under oath,…”
Equal Emp. Opportunity Comm'n v. Union Pac. R.R., 867 F.3d 843 (7th Cir. 2017).
“While acknowledging the EEOC’s ability to continue an investigatory role by either intervening in an individual’s lawsuit, by pursuing discovery or by filing a Commissioner’s charge, , 29 C.F.R. § 1601.11 , the Fifth Circuit did not explain why the EEOG’s authority to…”
— 29 C.F.R. § 1601.11(a) — 1 case
— 29 C.F.R. § 1601.11(b) — 11 cases
Frank I. Ramirez, Appellant, v. Nat'l Distillers & Chem. Corp., Appellee, 586 F.2d 1315 (9th Cir. 1978).
“EEOC regulations provide that: "(a) charge may be amended to cure technical defects or omissions, including failure to swear to the charge, or to clarify and amplify allegations made therein, and such amendments alleging additional acts which constitute unlawful employment…”
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