(a) The Commission may certify designated FEP agencies based upon the past, satisfactory performance of those agencies. The effect of such certification is that the Commission shall accept the findings and resolutions of designated FEP agencies in regard to cases processed under contracts with those agencies without individual, case-by-case substantial weight review by the Commission except as provided in §§ 1601.76 and 1601.77 of this part.
(b) Eligibility criteria for certification of a designated FEP agency are as follows:
(1) That the State or local agency has been a designated FEP agency for 4 years;
(2) That the State or local designated FEP agency's work product has been evaluated within the past 12 months by State, Local, and Tribal Programs, Office of Field Programs, and found to be in conformance with the Commission's Substantial Weight Review Procedures; and
(3) That the State or local designated FEP agency's findings and resolutions pursuant to its contract with the Commission, as provided in section 709(b) of title VII, have been accepted by the Commission in at least 95% of the cases processed by the FEP agency in the past 12 months.
(c) Upon Commission approval of a designated FEP agency for certification, it shall notify the agency of its certification and shall effect such certification by issuance and publication of an amendment to § 1601.80 of this part.
[46 FR 50367, Oct. 13, 1981, as amended at 54 FR 32061, Aug. 4, 1989. Redesignated and amended at 56 FR 9625, Mar. 7, 1991; 85 FR 65219, Oct. 15, 2020]
Notes of Decisions
Chaulk Servs., Inc. v. Massachusetts Comm'n Against Discrimination, 70 F.3d 1361 (1st Cir. 1995).
“of section 706(c) of title VII, which affords State and local fair employment practice [“FEP”] agencies that come within the provisions of that section an opportunity to remedy alleged discrimination concurrently regulated by title VII or the ADA and State or local law, the…”
Silva v. Universidad De Puerto Rico, 817 F. Supp. 1000 (D.P.R. 1993).
“” This Court’s own independent analysis once again prompts the same conclusion for purposes of both the Eleventh Amendment and 29 C.F.R. § 1601.75 n. 5. The UPR is a tax exempt institution since it achieves a public purpose of the Commonwealth.”
Ayala-Gonzalez v. Toledo Dávila, 623 F. Supp. 2d 181 (D.P.R. 2009).
“See also 49 Federal Register 6368-2 (February 21, 1984): "The Commission [EEOC] has determined that the Illinois Department of Human Rights and the Puerto Rico Department of Labor and Human Resources meet the eligibility criteria for certification of a designated 706 agency as…”
Quinn v. U.S. Bank NA, 24 Am. Disabilities Cas. (BNA) 1321 (Cal. Ct. App. 2011).
“” Further, the ADA provides that claimants have an additional 120 days to file administrative claims with the EEOC (Equal Employment Opportunity Commission) if “the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek…”
Grann v. City of Madison, 738 F.2d 786 (7th Cir. 1984).
“” 29 C.F.R. § 1601.75 (1983). The Equal Rights Division of the Wisconsin Department of Industry, Labor, and Human Relations is a 706 Agency, 29 C.”
— 29 C.F.R. § 1601.75(a) — 2 cases
— 29 C.F.R. § 1601.75(b) — 1 case
Ayala-Gonzalez v. Toledo Dávila, 623 F. Supp. 2d 181 (D.P.R. 2009).
“See also 49 Federal Register 6368-2 (February 21, 1984): "The Commission [EEOC] has determined that the Illinois Department of Human Rights and the Puerto Rico Department of Labor and Human Resources meet the eligibility criteria for certification of a designated 706 agency as…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.