(a) Where a charge on its face, or as amplified by the statements of the person claiming to be aggrieved discloses, or where after investigation the Commission determines, that the charge and every portion thereof is not timely filed, or otherwise fails to state a claim under title VII, the ADA, GINA, or the PWFA, the Commission shall dismiss the charge. A charge which raises a claim exclusively under section 717 of title VII or the Rehabilitation Act shall not be taken and persons seeking to raise such claims shall be referred to the appropriate Federal agency.
(b) Written notice of disposition, pursuant to 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 applicable; in the case of a Commissioner charge, to all persons specified in § 1601.28(b)(3)(ii); and to the respondent. The dismissal shall include a notice of rights informing the person claiming to be aggrieved or the person on whose behalf a charge was filed of the right to sue in Federal district court within 90 days of receipt of the determination. Appropriate notices of right to sue shall be issued pursuant to § 1601.28.
(c) The Commission hereby delegates authority to District Directors; the Director of the Office of Field Programs, or upon delegation, the Director of Field Management Programs, as appropriate, to dismiss charges, as limited by § 1601.21(d). The Commission hereby delegates authority to Field Directors, Area Directors and Local Directors, or their designees, to dismiss charges pursuant to paragraphs (a), (b) and (c) of this section, 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.
[42 FR 55388, Oct. 14, 1977, as amended at 48 FR 19165, Apr. 28, 1983; 49 FR 13024, Apr. 2, 1984. Redesignated and amended at 52 FR 26957, July 17, 1987; 54 FR 32061, Aug. 4, 1989; 55 FR 26684, June 29, 1990; 56 FR 9624, 9625, Mar. 7, 1991; 71 FR 26828, May 9, 2006; 73 FR 3388, Jan. 18, 2008; 74 FR 63982, Dec. 7, 2009; 85 FR 65218, Oct. 15, 2020; 89 FR 11169, Feb. 14, 2024]
Notes of Decisions
McBride v. Citgo Petroleum Corp., 281 F.3d 1099 (10th Cir. 2002).
· cites it 4× “The authority to dismiss for failure to cooperate is granted to the EEOC pursuant to 29 C.F.R. § 1601.18 (b): 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…”
Shikles v. Sprint/United Mgmt. Co., 426 F.3d 1304 (10th Cir. 2005).
· cites it 3× “The EEOC suggests that the lack of a comparable regulation under the ADEA indicates that cooperation from a charging party is not required in ADEA cases.”
Lewis v. Norfolk S. Corp., 271 F. Supp. 2d 807 (E.D. Va. 2003).
“21 (b); or a dismissal pursuant to 29 C.F.R. § 1601.18 , 29 C.F.R. § 1601.21 (b)(1).”
Torres v. Johnson, 91 S.W.3d 905 (Tex. App. 2002).
“Nothing in the plain language of the statute prohibits the EEOC from dismissing a charge and issuing a notice of right to sue before the 180th day.”
Timus v. Dist. of Columbia Dep't of Human Rights, 633 A.2d 751 (D.C. 1993).
“See 29 C.F.R. § 1601.18 (1992). The regulations make it crystal clear, however, that when a charge was dismissed for such a reason, the federal commission must issues a right-to-sue notice to the party claiming to be aggrieved.”
Maillet v. TD Bank U.S. Holding Co., 981 F. Supp. 2d 97 (D. Mass. 2013).
· cites it 2× “The EEOC may issue a right-to-sue letter without requesting any response from an employer.”
Katherine Graham v. United States, 96 F.3d 446 (9th Cir. 1996).
“42 (determination of administrative claim arising out of the operation of the Job Corps mailed by Department of Labor to the claimant); 29 C.F.R. § 1601.18 (written notice of EEOC disposition "shall be issued to the person claiming to be aggrieved”); 32 C.”
Thompson v. Connecticut State Univ., 466 F. Supp. 2d 444 (D. Conn. 2006).
“their view, the EEOC can only dismiss a charge for one of the reasons set forth in 29 C.F.R. § 1601.18 , and that none of the circumstances set forth in that regulation are present here.”
— 29 C.F.R. § 1601.18(a) — 1 case
— 29 C.F.R. § 1601.18(b) — 1 case
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