C.F.R. » Title 29 » CHAPTER XIV—EQUAL EMPLOYMENT OPPORTUNITY COMMISSION › PART 1626—PROCEDURES—AGE DISCRIMINATION IN EMPLOYMENT ACT

29 C.F.R. § 1626.15

Commission enforcement

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(a) As provided in sections 9, 11, 16 and 17 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 209, 211, 216 and 217) (FLSA) and sections 6 and 7 of this Act, the Commission and its authorized representatives may (1) investigate and gather data; (2) enter and inspect establishments and records and make transcripts thereof; (3) interview employees; (4) impose on persons subject to the Act appropriate recordkeeping and reporting requirements; (5) advise employers, employment agencies and labor organizations with regard to their obligations under the Act and any changes necessary in their policies, practices and procedures to assure compliance with the Act; (6) subpoena witnesses and require the production of documents and other evidence; (7) supervise the payment of amounts owing pursuant to section 16(c) of the FLSA, and (8) institute action under section 16(c) or section 17 of the FLSA or both to obtain appropriate relief.

(b) Whenever the Commission has a reasonable basis to conclude that a violation of the Act has occurred or will occur, it may commence conciliation under section 7(b) of the Act. Notice of commencement of will ordinarily be issued in the form of a letter of violation; provided, however, that failure to issue a written violation letter shall in no instance be construed as a finding of no violation. The Commission will ordinarily notify the respondent and aggrieved persons of its determination. In the process of conducting any investigation or conciliation under this Act, the identity of persons who have provided information in confidence shall not be disclosed except in accordance with § 1626.4.

(c) Any agreement reached as a result of efforts undertaken pursuant to this section shall, as far as practicable, require the respondent to eliminate the unlawful practice(s) and provide appropriate affirmative relief. Such agreement shall be reduced to writing and will ordinarily be signed by the Commission's delegated representative, the respondent, and the charging party, if any. The signed agreement shall be sent to all the signatories thereto.

(d) Upon the failure of informal conciliation, conference and persuasion under section 7(b) of the Act, the Commission may initiate and conduct litigation.

(e) The District Directors, Field Directors, Area Directors, and Local Directors, the Director of the Office of Field Programs or their designees, are hereby delegated authority to exercise the powers enumerated in § 1626.15(a) (1) through (7) and (b) and (c). The General Counsel or his/her designee is hereby delegated the authority to exercise the powers in paragraph (a) of this section and at the direction of the Commission to initiate and conduct litigation.

[48 FR 140, Jan. 3, 1983, as amended at 54 FR 32063, Aug. 4, 1989; 54 FR 33503, Aug. 15, 1989; 68 FR 70152, Dec. 17, 2003; 71 FR 26831, May 9, 2006; 85 FR 65219, Oct. 15, 2020; 86 FR 2985, Jan. 14, 2021; 89 FR 12233, Feb. 16, 2024]
Notes of Decisions
Cited in 11 cases, 1989–2007 · leading case: Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991).
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Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991). · cites it 2× “" § 626(b); see also 29 CFR § 1626.15 (1990). As Gilmer contends, the ADEA is designed not only to address individual grievances, but also to further important social policies.”
Shikles v. Sprint/United Mgmt. Co., 426 F.3d 1304 (10th Cir. 2005). “§ 626 (b); see also 29 C.F.R. § 1626.15 . Moreover, in Alexander v.”
Cortez v. Equal Emp. Opportunity Comm'n, 585 F. Supp. 2d 1273 (D.N.M. 2007). · cites it 2× “§ 626 (a); 29 C.F.R. § 1626.15 (a). In addition, the EEOC’s role in processing the charges involves a balancing of factors in trying to conciliate a solution with the employer if evidence of discrimination is found.”
James J. Nicholson v. Cpc Int'l Inc., a Corp., & James R. Eiszner, 877 F.2d 221 (3rd Cir. 1989). · cites it 2× “29 C.F.R. § 1626.15 . It is also the agency that must issue interpretative regulations which provide guidance to all employers.”
Equal Emp. Opportunity Comm'n v. Johnson & Higgins, Inc., 91 F.3d 1529 (2d Cir. 1996). “” 29 C.F.R. § 1626.15 (b) (1995). The conciliation period allows the employer and the EEOC to negotiate how the employer might alter its practices to comply with the law, as well as how much, if any, the employer will pay in damages.”
Smolensky v. McDaniel, 144 F. Supp. 2d 611 (E.D. La. 2001). “…Act] cases,” not in Title VII cases. Malveaux v. Condea Vista Co., 85 F.Supp.2d 655, 659 (W.D.La.1999) (citing 29 C.F.R. § 1626.15 (b)).”
Rudebusch v. Hughes, 313 F.3d 506 (9th Cir. 2002). “; 29 C.F.R. § 1626.15 (a) & (b). . Gilchrist, 803 F.”
Branum v. United Parcel Serv., Inc., 232 F.R.D. 505 (W.D. Pa. 2005). “29 C.F.R. § 1626.15 (a) (“As provided in Sections 9, 11, 16 and 17 of the Fair Labor Standards Act of 1938, as amended .”
Wiehoff v. GTE Directories Corp., 61 F.3d 588 (8th Cir. 1995). “Further, the EEOC amended its regulations effective September 14, 1989, providing that “[T]he tolling period pursuant to [section 626(e)(2) ] is applicable to both Commission and private party litigation.”
Malveaux v. Condea Vista Co., 85 F. Supp. 2d 655 (W.D. La. 1999). “It states: "I have determined that there is sufficient evidence to establish that the Respondent engaged in unlawful employment practice in violation of Title VII.”
68 Fair empl.prac.cas. (Bna) 639, 69 Fair empl.prac.cas. (Bna) 1 James W. Wiehoff, Appellant/cross-Appellee v. Gte Directories Corp. Gte Directories Sales Corp. Gte Directories Serv. Corp., Doing Bus. as Gte Sun Cmty. Directories, Appellees/cross-Appellants, 61 F.3d 588 (8th Cir. 1995). “Further, the EEOC amended its regulations effective September 14, 1989, providing that "[T]he tolling period pursuant to [section 626(e)(2) ] is applicable to both Commission and private party litigation.”
— 29 C.F.R. § 1626.15(b) — 2 cases
Wiehoff v. GTE Directories Corp., 61 F.3d 588 (8th Cir. 1995). “Further, the EEOC amended its regulations effective September 14, 1989, providing that “[T]he tolling period pursuant to [section 626(e)(2) ] is applicable to both Commission and private party litigation.”
68 Fair empl.prac.cas. (Bna) 639, 69 Fair empl.prac.cas. (Bna) 1 James W. Wiehoff, Appellant/cross-Appellee v. Gte Directories Corp. Gte Directories Sales Corp. Gte Directories Serv. Corp., Doing Bus. as Gte Sun Cmty. Directories, Appellees/cross-Appellants, 61 F.3d 588 (8th Cir. 1995). “Further, the EEOC amended its regulations effective September 14, 1989, providing that "[T]he tolling period pursuant to [section 626(e)(2) ] is applicable to both Commission and private party litigation.”
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.