(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.
Notes of Decisions
Stan Laber v. Francis J. Harvey, 438 F.3d 404 (4th Cir. 2006).
“See 29 C.F.R. §§ 1601.15 , 1601.21. Because the EEOC has no power to order the private-sector employer to take corrective action even if it finds such reasonable cause exists, “it must attempt to eliminate the discriminatory practice through informal methods of conciliation.”
Jane Doe v. Oberweis Dairy, 456 F.3d 704 (7th Cir. 2006).
“29 C.F.R § 1601.15(c). If the complainant fails to cooperate and the failure prevents the Commission from resolving the charge, the Commission can dismiss it.”
D. Lisa CLOVER v. TOTAL Sys. Servs., INC., 176 F.3d 1346 (11th Cir. 1999).
“” 29 C.F.R. § 1601.15 (a). In addition, the EEOC’s standard form providing an employer with notice of a charge of discrimination expressly informs the employer that any statement of position or evidence the employer submits to the EEOC “will be made a part of the file and will…”
Am. Ctr. for Int'l Labor Solidarity v. Fed. Ins., 518 F. Supp. 2d 163 (D.D.C. 2007).
· cites it 4× “” 29 C.F.R. § 1601.15 (b). In the course of its investigation, the EEOC will also consider any “statement of position or evidence with respect to the allegations of the charge” from any party, including an employer.”
Equal Emp. Opportunity Comm'n v. Exch. Sec. Bank, 529 F.2d 1214 (5th Cir. 1976).
· cites it 2× “29 C.F.R. § 1601.15 (a) (1975). The regulation that causes the trouble is the following, which provides the procedure for handling petitions for revocation or modification.”
Pickney v. Am. Dist. Tel. Co. of Ark., 568 F. Supp. 687 (E.D. Ark. 1983).
· cites it 2× “EEOC regulations specifically authorize the Commission to request the aggrieved party to supplement his charge with additional facts, 29 C.F.R. § 1601.15 (b) (1982), and may require the parties to engage in a “fact-finding conference”.”
Olivia Jheekim Mack v. Delta Air Lines, Inc., 639 F. App'x 582 (11th Cir. 2016).
“29 C.F.R. § 1601.15 (a). As part of its investigative powers, the EEOC is authorized to issue subpoenas requiring witness testimony and the production of evidence.”
29 C.F.R. § 1601.15(B): 1 case
29 C.F.R. § 1601.15(a): 1 case
29 C.F.R. § 1601.15(c): 2 cases
Jane Doe v. Oberweis Dairy, 456 F.3d 704 (7th Cir. 2006).
“29 C.F.R § 1601.15(c). If the complainant fails to cooperate and the failure prevents the Commission from resolving the charge, the Commission can dismiss it.”
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