C.F.R. » Title 29 » CHAPTER XIV—EQUAL EMPLOYMENT OPPORTUNITY COMMISSION › PART 1601—PROCEDURAL REGULATIONS › Subpart G—FEP Agency Designation Procedures

29 C.F.R. § 1601.74

Designated and notice agencies

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The Commission has made the following designations 2:

2 State and local laws may change and that can affect the timeliness of a claim. It is advisable for individuals to contact the FEP agency to confirm coverage, or otherwise determine that the above designation reflects the current status of the agency under state and local law.

(a) The designated FEP agencies are:

Alaska Commission for Human Rights Alexandria (VA) Human Rights Office Allentown (PA) Human Relations Commission Anchorage (AK) Equal Rights Commission Anderson (IN) Human Relations Commission Arizona Civil Rights Division Arlington County (VA) Human Rights Commission 3

3 The Arlington Human Rights Commission has been designated as a FEP agency for all charges except charges alleging a violation of title VII by a government, government agency, or political subdivision of the State of Virginia. For these types of charges it shall be deemed a “Notice agency” pursuant to 29 CFR 1601.71(b).

Austin (TX) Human Relations Commission 4

4 The Austin (TX) Human Relations Commission has been designated as a FEP agency for all charges except charges alleging a violation of title VII by a government, government agency, or political subdivision of the State of Texas. For these types of charges it shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b).

Baltimore (MD) Community Relations Commission Bloomington (IL) Human Relations Commission Bloomington (IN) Human Rights Commission Broward County (FL) Human Relations Commission California Department of Fair Employment and Housing Charleston (WV) Human Rights Commission City of Salina (KS) Human Relations Commission and Department City of Springfield (IL) Department of Community Relations Clearwater (FL) Office of Community Relations Colorado Civil Rights Commission Colorado State Personnel Board 5

5 The Colorado State Personnel Board has been designated as a FEP agency for only those charges which relate to appointments, promotions, and other personnel actions that take place in the State personnel system. In addition, it has been designated as a FEP agency for all of the above mentioned charges except charges which allege a violation of section 704(a) of title VII. For this type of charge it shall be deemed a “Notice Agency” pursuant to 29 CFR 1601.71(b).

Commonwealth of Puerto Rico Department of Labor 6

6The Commonwealth of Puerto Rico Department of Labor has been designated as a FEP agency for all charges except charges alleging a “labor union” has violated title VII; charges alleging an “employment agency” has violated title VII; and charges alleging violations of title VII by agencies or instrumentalities of the Government of Puerto Rico when they are not operating as private businesses or enterprises. For these types of charges it shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b). With respect to charges alleging retaliation under section 704(a) of Title VII, the Commonwealth of Puerto Rico Department of Labor is a FEP agency for charges alleging retaliation for having opposed unlawful sexual harassment or participated in a statutory sexual harassment complaint proceeding and a “Notice Agency” for all other charges alleging violation of section 704(a) of Title VII.

Connecticut Commission on Human Rights and Opportunity Corpus Christi (TX) Human Relations Commission Dade County (FL) Fair Housing and Employment Commission Delaware Department of Labor District of Columbia Office of Human Rights Durham (NC) Human Relations Commission East Chicago (IN) Human Rights Commission Evansville (IN) Human Relations Commission Fairfax County (VA) Human Rights Commission Florida Commission on Human Relations Fort Dodge-Webster County (IA) Human Rights Commission Fort Wayne (IN) Metropolitan Human Relations Commission Fort Worth (TX) Human Relations Commission Gary (IN) Human Relations Commission Georgia Office of Fair Employment Practices 7

7 The Georgia Office of Fair Employment Practices has been designated as a FEP agency for all charges covering the employment practices of the departments of the State of Georgia only.

Hawaii Department of Labor and Industrial Relations 8

8 The Hawaii Department of Labor and Industrial Relations has been granted FEP agency designation of all charges except those filed against units of the State and local government, in which case it shall be deemed a “Notice Agency.”

Hillsborough County (FL) Equal Opportunity and Human Relations Department Howard County (MD) Human Rights Commission 9

9 The Howard County (MD) Human Rights Commission has been granted designation of all charges except those filed against agencies of Howard County in which case it shall be deemed a “Notice Agency.”

Huntington (WV) Human Relations Commission Idaho Human Rights Commission Illinois Department of Human Rights Indiana Civil Rights Commission Iowa Civil Rights Commission Jacksonville (FL) Equal Employment Opportunity Commission Kansas City (KS) Human Relations Department Kansas City (MO) Human Relations Department Kansas Human Rights Commission Kentucky Commission on Human Rights Lee County (FL) Department of Equal Opportunity Lexington-Fayette (KY) Urban County Human Rights Commission Lincoln (NE) Commission on Human Rights 10

10 The Lincoln (NE) Commission on Human Rights has been designated as a FEP agency for all charges except (1) a charge by an “applicant for membership” alleging a violation of section 703(c)(2) of title VII (2) a charge by an individual alleging that a “joint labor-management committee” has violated section 704(a) of title VII; and (3) a charge by an individual alleging that a “joint labor-management committee” has violated section 704(b) of title VII. For those types of charges, it shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b).

Louisiana (LA) Commission on Human Rights Louisville and Jefferson County (KY) Human Relations Commission Madison (WI) Equal Opportunities Commission Maine Human Rights Commission Maryland Commission on Human Relations Mason City (IA) Human Rights Commission Massachusetts Commission Against Discrimination Michigan City (IN) Human Rights Commission Michigan Department of Civil Rights Minneapolis (MN) Department of Civil Rights Minnesota Department of Human Rights Missouri Commission on Human Rights Montana Human Rights Division Montgomery County (MD) Human Relations Commission Nebraska Equal Opportunity Commission Nevada Commission on Equal Rights of Citizens New Hampshire Commission for Human Rights New Hanover (NC) Human Relations Commission 11

11 The New Hanover Human Relations Commission is being designated as a FEP agency for charges covering employment practices under section 706(c) of title VII and CFR 1601.70 et seq. (1980) within New Hanover County and “such cities within the county as may by resolution of their governing boards, permit the Ordinance of the Board of Commissioners of New Hanover County entitled ‘Prohibition of Discrimination in Employment’ to be applicable within such cities.” This covers Wilmington City and the unincorporated area of New Hanover County. At this time Wrightsville Beach, Carolina Beach and Kure Beach are not included in this designation. For charges from these latter locales the New Hanover Human Relations Commission shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b).

New Haven (CT) Commission on Equal Opportunities New Jersey Division of Civil Rights, Department of Law and Public Safety New Mexico Human Rights Commission New York City (NY) Commission on Human Rights New York State Division on Human Rights North Carolina State Office of Administrative Hearings North Dakota Department of Labor Ohio Civil Rights Commission Oklahoma Human Rights Commission Omaha (NE) Human Relations Department Orange County (NC) Human Relations Commission Oregon Bureau of Labor Orlando (FL) Human Relations Department Paducah (KY) Human Rights Commission Palm Beach County (FL) Office of Equal Opportunity Pennsylvania Human Relations Commission Philadelphia (PA) Commission on Human Relations Pinellas County (FL) Affirmative Action Office Pittsburgh (PA) Commission on Human Rights Prince George's County (MD) Human Relations Commission Prince William County (VA) Human Rights Commission Reading (PA) Human Relations Commission Rhode Island Commission for Human Rights Richmond County (GA) Human Rights Commission Rockville (MD) Human Rights Commission St. Louis (MO) Civil Rights Enforcement Agency St. Paul (MN) Department of Human Rights St. Petersburg (FL) Human Relations Division 12

12 On June 1, 1979, the St. Petersburg Office of Human Relations was designated a FEP agency for all charges except those charges alleging retaliation under section 704(a) of title VII. Accordingly, “for retaliation charges” it was deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(c). See 44 FR 31638. On May 23, 1979, an ordinance amended the St. Petersburg, FL Human Relations law to include charges of retaliation. Therefore, retaliation charges will be deferred to that agency effective immediately.

Seattle (WA) Human Rights Commission Sioux Falls (SD) Human Relations Commission South Bend (IN) Human Rights Commission South Carolina Human Affairs Commission South Dakota Division of Human Rights Springfield (OH) Human Relations Department Tacoma (WA) Human Relations Commission Tampa (FL) Office of Community Relations Tennessee Commission for Human Development Texas Commission on Human Rights Topeka (KS) Human Relations Commission Utah Industrial Commission, Anti-Discrimination Division Vermont Attorney General's Office, Civil Rights Division Vermont Human Rights Commission Virgin Islands Department of Labor Virginia Council on Human Rights Washington Human Rights Commission West Virginia Human Rights Commission Wheeling (WV) Human Rights Commission Wichita Falls (TX) Human Relations Commission Wisconsin Equal Rights Division, Department of Industry, Labor and Human Relations Wisconsin State Personnel Commission 13

13 The Wisconsin State Personnel Commission is being designated as a FEP agency for all charges covering the employment practices of the agencies of the State of Wisconsin except those charges alleging retaliation under 704(a) of title VII. Accordingly, for retaliation charges, it shall be deemed a Notice Agency pursuant to 29 CFR 1601.71(b).

Wyoming Fair Employment Practices Commission York (PA) Human Relations Commission Youngstown (OH) Human Relations Commission

(b) The designated Notice Agencies are:

Arkansas Governor's Committee on Human Resources Ohio Director of Industrial Relations Raleigh (NC) Human Resources Department, Civil Rights Unit(Sec. 713(a) 78 Stat. 265 (42 U.S.C. 2000e—12(a))) [46 FR 33030, June 26, 1981. Redesignated at 56 FR 9625, Mar. 7, 1991] Editorial Note:For Federal Register citations affecting § 1601.74, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Notes of Decisions
Cited in 122 cases (18 in the last 5 years), 1980–2026 · leading case: MacDonald v. Grace Church Seattle, 457 F.3d 1079 (9th Cir. 2006).
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MacDonald v. Grace Church Seattle, 457 F.3d 1079 (9th Cir. 2006). · cites it 17× “The EEOC lists designate FEP agencies at 29 C.F.R. § 1601.74 (a). 5 For some charges, the EEOC has explicitly footnoted exceptions to an agency’s designation as a FEP agency and has instead deemed it a Notice Agency for those types of charges.”
Bratcher v. Pharm. Prod. Dev., Inc., 545 F. Supp. 2d 533 (E.D.N.C. 2008). · cites it 4× “§§ 626 (d)(2), 633(b); 29 C.F.R. §§ 1601.74 , 1626.9. 6 However, in 2003, the North Carolina Supreme Court invalidated enabling legislation authorizing the Orange County Board of Commissioners and the Orange County Human Relations Commission to enact and enforce the employment…”
Mohasco Corp. v. Silver, 447 U.S. 807 (1980). · cites it 2× “[5] The EEOC in its current regulations, 29 CFR § 1601.74 (a) (1979), lists 42 statewide deferral agencies, in addition to deferral agencies for the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and a substantial number of municipalities and…”
Silva v. Universidad De Puerto Rico, 817 F. Supp. 1000 (D.P.R. 1993). · cites it 7× “Puerto Rico has both discrimination laws (i.e., Law 100) and a state agency authorized to grant relief from such discrimination (“El Departamento del Trabajo” — the Department of Labor).”
Velázquez-Pérez v. Developers Diversified Realty Corp., 753 F.3d 265 (1st Cir. 2014). · cites it 2× “29 C.F.R. § 1601.74 (a) & n. 5 (2008). The EEOC has acknowledged that the regulation became outdated when Puerto Rico passed Act 17 in 1988.”
Kathy Kroske, an Individual v. Us Bank Corp., a Foreign Corp. Dba U.S. Bank, 432 F.3d 976 (9th Cir. 2005). “It further creates the Washington Human Rights Commission, a designated Fair Employment Practices (“FEP”) agency under 29 C.F.R. § 1601.74 , and grants the agency general jurisdiction and necessary “powers with respect to elimination and prevention of discrimination.”
Joann S. Reed, Plaintiff-Appellee-Cross-Appellant v. A.W. Lawrence & Co., Inc., Defendant-Appellant-Cross-Appellee, 95 F.3d 1170 (2d Cir. 1996). “13 (a) (EEOC’s deferral policy and procedures); 29 C.F.R. § 1601.74 (1995) (SDHR accepted as a “deferral agency”); see also Yoonessi v.”
Judith Volovsek v. Wisconsin Dep't of Agric., Trade & Consum. Prot., 344 F.3d 680 (7th Cir. 2003). “See 29 C.F.R. § 1601.74 (a) n. 12. Volovsek appears to have filed her 1995 and 1997 charges with the EEOC (as evidenced by the EEOC correspondence in the record).”
Rivera-Díaz v. Humana Ins. of Puerto Rico, Inc., 748 F.3d 387 (1st Cir. 2014). “See 29 C.F.R. § 1601.74 . This case has nothing to do with sexual harassment.”
Marshall v. Honeywell Tech. Solutions, Inc., 536 F. Supp. 2d 59 (D.D.C. 2008). “§ 2000e-5(l); 29 C.F.R. § 1601.74 , that has a work-sharing agreement with the EEOC.”
Milton B. Russell v. Delco Remy Div. of Gen. Motors Corp., Saegertown Mfg. Co. & Jordan Chalmer, 51 F.3d 746 (7th Cir. 1995). “See 29 C.F.R. § 1601.74 (a) (listing ICRC as a designated FEP agency).”
Sillah v. Burwell, 244 F. Supp. 3d 499 (D. Maryland 2017). “See 29 C.F.R. § 1601.74 ; U.S. Equal Employment Opportunity Commission, State and Local Agencies, (last accessed Mar.”
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— 29 C.F.R. § 1601.74(a) — 1 case
Homel v. Centennial Sch. Dist., 836 F. Supp. 2d 304 (E.D. Pa. 2011).
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