29 C.F.R. § 1614.110

Final action by agencies

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(a) Final action by an agency following a decision by an administrative judge. When an administrative judge has issued a decision under § 1614.109(b), (g) or (i), the agency shall take final action on the complaint by issuing a final order within 40 days of receipt of the hearing file and the administrative judge's decision. The final order shall notify the complainant whether or not the agency will fully implement the decision of the administrative judge and shall contain notice of the complainant's right to appeal to the Equal Employment Opportunity Commission, the right to file a civil action in federal district court, the name of the proper defendant in any such lawsuit and the applicable time limits for appeals and lawsuits. If the final order does not fully implement the decision of the administrative judge, then the agency shall simultaneously file an appeal in accordance with § 1614.403 and append a copy of the appeal to the final order. A copy of EEOC Form 573 shall be attached to the final order.

(b) Final action by an agency in all other circumstances. When an agency dismisses an entire complaint under § 1614.107, receives a request for an immediate final decision or does not receive a reply to the notice issued under § 1614.108(f), the agency shall take final action by issuing a final decision. The final decision shall consist of findings by the agency on the merits of each issue in the complaint, or, as appropriate, the rationale for dismissing any claims in the complaint and, when discrimination is found, appropriate remedies and relief in accordance with subpart E of this part. The agency shall issue the final decision within 60 days of receiving notification that a complainant has requested an immediate decision from the agency, or within 60 days of the end of the 30-day period for the complainant to request a hearing or an immediate final decision where the complainant has not requested either a hearing or a decision. The final action shall contain notice of the right to appeal the final action to the Equal Employment Opportunity Commission, the right to file a civil action in federal district court, the name of the proper defendant in any such lawsuit and the applicable time limits for appeals and lawsuits. A copy of EEOC Form 573 shall be attached to the final action.

(c) When an agency takes final action by issuing a final order or decision that requires the agency to include a notice that the complainant has the right to file an appeal with the EEOC, the notice shall inform the complainant that the appeal may be filed using the EEOC Public Portal, available at https://publicportal.eeoc.gov.

[64 FR 37657, July 12, 1999, as amended at 88 FR 57881, Aug. 24, 2023]

Notes of Decisions

Cited in 134 cases (43 in the last 5 years), 1994–2026 · leading case: Mohamed Al-Saffy v. Thomas Vilsack

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Mohamed Al-Saffy v. Thomas Vilsack (2016) cadc · cites it 7× “29 C.F.R. § 1614.110 (b). But if the employee fails to respond to the investigative report within thirty days, the agency must issue a final decision within sixty days of the end of that thirty-day window for the employee’s response.”

LAUDADIO v. Johanns (2010) nyed · cites it 8× “Here, on December 17, 2004, the ALJ issued the Order Dismissing EEOC Action with Prejudice (the “ALJ Order”), which dismissed Laudadio’s request for an EEOC hearing based on complainant’s withdrawal of his charge, and returned the matter to the USDA’s jurisdiction for a FAD and…”

Stan Laber v. Francis J. Harvey, Secretary of the Army (2006) ca4 “108-109 , and, if it concludes there was no discrimination, it issues a final agency decision to that-effect, see 29 C.F.R. § 1614.110 . The employee may then appeal the agency’s decision to the OFO.”

David W. Ellis, Jr. v. Gordon R. England (2005) ca11 “See 29 C.F.R. § 1614.110 . If this decision is not appealed to the EEOC, it concludes the administrative process.”

Brodetski v. Duffey (2001) dcd · cites it 2× “Plaintiff now appeals to this Court pursuant to 29 C.F.R. § 1614.110 (b) (West 2000), and seeks to add new incidents to this case.”

Marshall v. James (2003) dcd · cites it 2× “29 C.F.R. § 1614.110 (a). The agency then issues a final decision.”

Koch v. Donaldson (2003) dcd · cites it 3× “See 29 C.F.R. § 1614.110 . The Court’s power to equitably toll these filing periods may be exercised “only in extraordinary and carefully circumscribed instances.”

Jeffrey Plaskett v. Christine Wormuth (2021) ca9 “” 29 C.F.R. § 1614.110 (a). If the agency’s final order does not fully 2 Subsection (f)(3) provides: (3) When the complainant, or the agency against which a complaint is filed, or its employees fail without good cause shown to respond fully and in timely fashion to an order of…”

STAROPOLI v. Donahoe (2011) dcd · cites it 3× “29 C.F.R. § 1614.110 (a). If the agency does not issue a final order within 40 days, then the decision of the administrative judge becomes the final action of the agency by operation of law.”

Franklin v. Potter (2009) dcd “When the agency issues a decision dismissing “an entire complaint,” that dismissal constitutes “final action,” see 29 C.F.R. § 1614.110 (b), and a plaintiffs receipt of that decision starts the 90-day clock for filing an appeal with the EEOC or a civil action in federal court.”

Cristobal D. Ramirez v. Secretary, U.S. Department of Transportation (2012) ca11 “29 C.F.R. § 1614.110 (b). A decision by the EEOC on appeal is final unless either party files a motion for reconsideration within 30 days.”

Broderick v. Donaldson (2004) dcd · cites it 2× “29 C.F.R. § 1614.110 (a). The agency then issues a final decision.”

Show all 134 citing cases →

— 29 C.F.R. § 1614.110(a) — 1 case

Howard v. Spencer (2022) txwd

— 29 C.F.R. § 1614.110(b) — 1 case

Wright v. Ross (2020) dcd

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