29 C.F.R. § 1601.23

Preliminary or temporary relief

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(a) In the interest of the expeditious procedure required by section 706(f)(2) of title VII, the Commission hereby delegates to the Director of the Office of Field Programs or upon delegation, the Director of Field Management 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 Programs or upon delegation, the Director of Field Management 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.

[42 FR 55388, Oct. 14, 1977, as amended at 47 FR 46275, Oct. 18, 1982; 54 FR 32061, Aug. 4, 1989; 71 FR 26828, May 9, 2006]

Notes of Decisions

Cited in 25 cases, 1973–1987 · leading case: Equal Emp. Opportunity Comm'n, Plaintiff-appellant, v. Hickey-mitchell Co., Defendant-appellee, 507 F.2d 944 (8th Cir. 1974).

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Equal Emp. Opportunity Comm'n, Plaintiff-appellant, v. Hickey-mitchell Co., Defendant-appellee, 507 F.2d 944 (8th Cir. 1974). · cites it 4× “3 *946 Specifically, the court found the Commission had not mailed the notice required by 29 C.F.R. § 1601.23 (1974), which provides: Should a respondent fail or refuse to confer with the Commission or its representative, or fail or refuse to make a good faith effort to resolve…”

Mrs. Shirley Baker (TRUVILLION), Plaintiff-Appellant, v. KING’S DAUGHTERS Hosp., Defendant-Appellee, 614 F.2d 520 (5th Cir. 1980). · cites it 2× “The first prerequisite was compliance with the requirement of the Commission’s regulation, 29 C.F.R. § 1601.23 (1974), that it notify the respondent promptly in writing of its unsuccessful attempt to obtain a conciliation agreement.”

Equal Emp. Opportunity Comm'n, Appellant, v. Laclede Gas Co., Appellee, 530 F.2d 281 (8th Cir. 1976). · cites it 4× “The EEOC did not, however, as required by its own regulations, 29 C.F.R. § 1601.23 , advise Laclede that conciliation had failed but that it [Laclede] could request a resumption within a specified time if it so desired.”

Charles E. Wagner v. Reese H. Taylor, Jr., Chairman, Interstate Com. Comm'n, 836 F.2d 566 (D.C. Cir. 1987). “29 C.F.R. § 1601.23 (c) (1986). 58 . Amendments to EEOC Procedural Regulations, 42 Fed.”

Equal Emp. Opportunity Comm'n, Plaintiff-appellant, v. Louisville & Nashville R.R. Co., Defendant-appellee, 505 F.2d 610 (5th Cir. 1975). · cites it 2× “The trial court held in the alternative that the Commission did not give proper notice of failure to conciliate, in violation of its own regulation, 29 C.F.R. 1601.23 (1972). L & N also contends that the Commission did not execute all the steps that are conditions precedent…”

Equal Emp. Opportunity Comm'n v. Raymond Metal Prods. Co., 530 F.2d 590 (4th Cir. 1976). · cites it 4× “II Compliance with 29 C.F.R. § 1601.23 The district court also granted summary judgment on the ground that the commission failed to comply with another regulation, 29 C.”

Equal Emp. Opportunity Comm'n, Plaintiff-appellant, v. Kimberly-clark Corp., Defendant-appellee, 511 F.2d 1352 (6th Cir. 1975). “Appellee argues that the “Williams group” of sex discrimination charges is not available because Appellant did not notify it that conciliation had failed and was terminated before bringing suit, as required under EEOC Regulations, 29 C.”

Equal Emp. Opportunity Comm'n v. United States Pipe & Foundry Co., 375 F. Supp. 237 (N.D. Ala. 1974). · cites it 2× “Pipe notice of termination of conciliation efforts by the Commission pursuant to the Commission’s Procedural Regulations, 29 C.F.R. § 1601.23 ; and (3) the failure of the Commission to commence this action within 180 days after the filing of the charge upon which the suit is…”

Equal Emp. Opportunity Comm'n v. Eagle Iron Works, 424 F. Supp. 240 (S.D. Iowa 1976). · cites it 3× “Defendant in its renewed motion for summary judgment filed October 16,1975, which was taken under advisement along with the case on the merits, urges that EEOC did not comply with its own regulations in that it failed to give the employer the notice required by 29 C.F.R. §…”

Haykel v. G.F.L. Furniture Leasing Co., 76 F.R.D. 386 (N.D. Ga. 1976). “See 29 C.F.R. § 1601.23 . Moreover, defendant seems to have sufficient information to establish the alleged violation by the Commission of this rule without discovering additional material.”

Equal Emp. Opportunity Comm'n v. Raymond Metal Prods. Co., 385 F. Supp. 907 (D. Maryland 1974). “Finally, Raymond Metal argues, as a separate ground in support of its motion for summary judgment, that EEOC failed to follow its own regulation, 29 C.F.R. § 1601.23 , which requires that, in addition to notifying a respondent that conciliation has been unsuccessful, notice must…”

Equal Emp. Opportunity Comm'n v. Wilson & Co., 452 F. Supp. 202 (W.D. Okla. 1978). · cites it 2× “On January 8, 1975, the EEOC set a letter to Wilson which in the Court’s opinion constitutes the notice called for in 29 C.F.R. § 1601.23 . The letter referred to claims numbered YAL4 — 242, 490, 265, 276, 143, 142 and 112.”

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