29 C.F.R. § 1626.17

Notice of dismissal or termination

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(a) Issuance of Notice of Dismissal or Termination. (1) Where a charge filed with the Commission under the ADEA is dismissed or the Commission's proceedings are otherwise terminated, the Commission will issue a Notice of Dismissal or Termination on the charge as described in paragraph (c) of this section to the person(s) claiming to be aggrieved. In the case of a charge concerning more than one aggrieved person, the Commission will only issue a Notice of Dismissal or Termination when the charge is dismissed or proceedings are otherwise terminated as to all aggrieved persons.

(2) Where the charge has been filed under the ADEA and title VII, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), or the Pregnant Workers Fairness Act (PWFA), the Commission will issue a Notice of Dismissal or Termination under the ADEA at the same time it issues the Notice of Right to Sue under title VII, the ADA, GINA, or the PWFA, in accordance with 29 CFR 1601.28.

(3) The issuance of a Notice of Dismissal or Termination does not preclude the Commission from offering such assistance to a person receiving the notice as the Commission deems necessary or appropriate. The issuance does not preclude or interfere with the Commission's continuing right to investigate and litigate the same matter or any ADEA matter under its enforcement authority.

(b) Delegation of Authority To Issue Notices of Dismissal or Termination. The Commission hereby delegates authority to issue Notices of Dismissal or Termination, in accordance with this section, to: Directors of District, Field, Area and Local offices; the Director of the Office of Field Programs; the Director of Field Management Programs, Office of Field Programs; the General Counsel; or their designees.

(1) A copy of the charge;

(2) Notification that the charge has been dismissed or the Commission's proceedings have otherwise been terminated; and

(3) Notification that the aggrieved person's right to file a civil action against the respondent on the subject charge under the ADEA will expire 90 days after receipt of such notice.

[68 FR 70152, Dec. 17, 2003, as amended at 71 FR 26831, May 9, 2006; 85 FR 65220, Oct. 15, 2020; 89 FR 11172, Feb. 14, 2024]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1990–2026 · leading case: U.S. Equal Emp. Opportunity Comm'n v. City Colleges of Chicago, 740 F. Supp. 508 (N.D. Ill. 1990).

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U.S. Equal Emp. Opportunity Comm'n v. City Colleges of Chicago, 740 F. Supp. 508 (N.D. Ill. 1990). “Under 29 C.F.R. § 1626.17 , issuance of an opinion letter by the EEOC is discretionary.”

Bowen (W.D. Mo. 2026). “” 29 C.F.R. § 1626.17 (c). Notably, when a charge is filed under both the ADEA and Title VII, the EEOC will concurrently issue the Notice of Dismissal or Termination as required by 29 C.”

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