29 C.F.R. § 1691.6

General rules concerning EEOC action on complaints

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(a) A complaint of employment discrimination filed with an agency, which is transferred or referred to EEOC under this regulation, shall be deemed a charge received by EEOC. For all purposes under title VII and the Equal Pay Act, the date such a complaint was received by an agency shall be deemed the date it was received by EEOC.

(b) When EEOC investigates a joint complaint it shall, where appropriate, seek sufficient information to allow the referring agency to determine whether the alleged employment discrimination is in a program or activity that receives Federal financial assistance and/or whether the alleged employment discrimination causes discrimination with respect to beneficiaries or potential beneficiaries of the assisted program.

(c) Upon referral of a joint complaint alleging a pattern or practice of employment discrimination, EEOC generally will limit its investigation to the allegation(s) which directly affect the complainant.

(d) If EEOC, in the course of an investigation of a joint complaint, is unable to obtain information from a recipient through voluntary means, EEOC shall consult with the referring agency to determine an appropriate course of action.

(e) If EEOC agrees to defer its investigation of a complaint of employment discrimination pending an agency investigation of the complaint, then EEOC shall give due weight to the agency's determination concerning the complaint.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1990–2024 · leading case: Washington v. Washington Metro. Area Transit Auth., 160 F.3d 750 (D.C. Cir. 1998).

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Washington v. Washington Metro. Area Transit Auth., 160 F.3d 750 (D.C. Cir. 1998). “29 C.F.R. § 1691.6 (a). WMATA, however, is not an “agency” within the meaning of this provision.”

Preston v. Virginia, 779 F. Supp. 45 (W.D. Va. 1990). · cites it 2× “Preston refers to 29 C.F.R. § 1691.6 (a) which states that “[a] complaint of employment discrimination filed with an agency, which is transferred or referred to EEOC under this regulation, shall be deemed a charge received by EEOC.”

Steinert v. Gober, 32 F. Supp. 2d 842 (D.S.C. 1998). “29 C.F.R. § 1691.6 (a). In this case, however, the OSC did not transfer plaintiffs complaint to the EEOC.”

Nye v. Roberts, 97 F. Supp. 2d 677 (D. Maryland 2000). “An affirmative answer to this question is given by 29 C.F.R. § 1691.6 (a), which provides that a complaint of employment discrimination filed with an agency (including OCR) that is duly transferred or referred to the EEOC shall be deemed a charge received by EEOC.”

Holmes v. Washington Metro. Area Transit Auth. (D.D.C. 2024). “True, the EEOC’s regulations provide that “[a] complaint of employment discrimination filed with an agency, which is transferred or referred to EEOC under this regulation, shall be deemed a charge received by EEOC,” 29 C.F.R. § 1691.6 (a), but the D.C. Circuit has held that…”

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