C.F.R. » Title 29 » CHAPTER XIV—EQUAL EMPLOYMENT OPPORTUNITY COMMISSION › PART 1603—PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991 › Subpart A—Administrative Process

29 C.F.R. § 1603.107

Dismissals of complaints

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(a) Where a complaint is not timely filed or, except as described in § 1603.102(e), fails to state a claim under this part, the Commission shall dismiss the complaint.

(b) Written notice of dismissal pursuant to paragraph (a) of this section shall be issued to the complainant and the respondent. The Commission hereby delegates authority to dismiss complaints to the Director, Office of Field Programs or the Director's designees, and to District Directors or their designees.

(c) A complainant who is dissatisfied with a dismissal issued pursuant to this section may appeal to the Commission in accordance with the procedures in subpart C of this part.

[89 FR 47852, June 4, 2024]
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2016–2021 · leading case: Fischer v. New York State Dep't of Law, 812 F.3d 268 (2d Cir. 2016).
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Fischer v. New York State Dep't of Law, 812 F.3d 268 (2d Cir. 2016). “Under GERA and regulations promulgated by the EEOC, a complaint that on its face is timely and states a claim within the scope of GERA is referred to an administrative law judge (“ALJ”), see 29 C.F.R. §§ 1603.107 (a), 1603. 201, who oversees adjudication of the claim.”
Prosper v. Gov't of the Virgin Islands (D.V.I. 2021). “2016) (referencing 29 C.F.R. §§ 1603.107 (a), 1603.201) (cleaned up).”
Prosper v. Gov't of the Virgin Islands (D.V.I. 2021). “2016) (referencing 29 C.F.R. §§ 1603.107 (a), 1603.201) (cleaned up).”
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