[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1601.28]

[Page 152-154]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1601--PROCEDURAL REGULATIONS--Table of Contents
 
Subpart B--Procedure for the Prevention of Unlawful Employment Practices
 
Sec. 1601.28  Notice of right to sue: Procedure and authority.

    (a) Issuance of notice of right to sue upon request. (1) When a 
person claiming to be aggrieved requests, in writing, that a notice of 
right to sue be issued and the charge to which the request relates is 
filed against a respondent other than a government, governmental agency 
or political subdivision, the Commission shall promptly issue such 
notice as described in Sec. 1601.28(e) to all parties, at any time after 
the expiration of one hundred eighty (180) days from the date of filing 
of the charge with the Commission, or in the case of a Commissioner 
charge 180 days after the filing of the charge or 180 days after the 
expiration of any period

[[Page 153]]

of reference under section 706(d) of title VII as appropriate.
    (2) When a person claiming to be aggrieved requests, in writing, 
that a notice of right to sue be issued, and the charge to which the 
request relates is filed against a respondent other than a government, 
governmental agency or political subdivision, the Commission may issue 
such notice as described in Sec. 1601.28(e) with copies to all parties, 
at any time prior to the expiration of 180 days from the date of filing 
the charge with the Commission; provided, that the District Director, 
the Area Director, the Local Director, the Program Director, Office of 
Program Operations or upon delegation, the Director of Systemic 
Programs, Office of Program Operations or the Directors, Field 
Management Programs, Office of Program Operations has determined that it 
is probable that the Commission will be unable to complete its 
administrative processing of the charge within 180 days from the filing 
of the charge and has attached a written certificate to that effect.
    (3) Issuance of a notice of right to sue shall terminate further 
proceeding of any charge not a Commissioner charge unless the District 
Director; Area Director; Local Director; Program Director, Office of 
Program Operations or upon delegation, the Director of Systemic 
Programs, Office of Program Operations or the Directors, Field 
Management Programs, Office of Program Operations; or the General 
Counsel, determines at that time or at a later time that it would 
effectuate the purpose of title VII or the ADA to further process the 
charge. Issuance of a notice of right to sue shall not terminate the 
processing of a Commissioner charge.
    (4) The issuance of a notice of right to sue does not preclude the 
Commission from offering such assistance to a person issued such notice 
as the Commission deems necessary or appropriate.
    (b) Issuance of notice of right to sue following Commission 
disposition of charge. (1) Where the Commission has found reasonable 
cause to believe that title VII or the ADA has been violated, has been 
unable to obtain voluntary compliance with title VII or the ADA, and 
where the Commission has decided not to bring a civil action against the 
respondent, it will issue a notice of right to sue on the charge as 
described in Sec. 1601.28(e) to:
    (i) The person claiming to be aggrieved, or,
    (ii) In the case of a Commissioner charge, to any member of the 
class who is named in the charge, identified by the Commissioner in a 
third-party certificate, or otherwise identified by the Commision as a 
member of the class and provide a copy thereof to all parties.
    (2) Where the Commission has entered into a conciliation agreement 
to which the person claiming to be aggrieved is not a party, the 
Commission shall issue a notice of right to sue on the charge to the 
person claiming to be aggrieved.
    (3) Where the Commission has dismissed a charge pursuant to 
Sec. 1601.18, it shall issue a notice of right to sue as described in 
Sec. 1601.28(e) to:
    (i) The person claiming to be aggrieved, or,
    (ii) In the case of a Commissioner charge, to any member of the 
class who is named in the charge, identified by the Commissioner in a 
third-party certificate, or otherwise identified by the Commission as a 
member of the class, and provide a copy thereof to all parties.
    (4) The issuance of a notice of right to sue does not preclude the 
Commission from offering such assistance to a person issued such notice 
as the Commission deems necessary or appropriate.
    (c) The Commission hereby delegates authority to District Directors, 
Area Directors, Local Directors, the Program Director, Office of Program 
Operations, Director of Systemic Programs, Office of Program Operations, 
or Directors, Field Management Programs, Office of Program Operations, 
or their designees, to issue notices of right to sue, in accordance with 
this section, on behalf of the Commission. Where a charge has been filed 
on behalf of a person claiming to be aggrieved, the notice of right to 
sue shall be issued in

[[Page 154]]

the name of the person or organization who filed the charge. \1\
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    \1\ Formal Ratification-Notice is hereby given that the EEOC at a 
Commission meeting on March 12, 1974, formally ratified the acts of the 
District Directors of EEOC District Offices in issuing notices of right 
to sue pursuant to Commission practice instituted on October 15, 1969, 
and continued through March 18, 1974. 39 FR 10178 (March 18, 1974).
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    (d) Notices of right-of-sue for charges against Governmental 
respondents. In all cases where the respondent is a government, 
governmental agency, or a political subivision, the Commission will 
issue the notice of right to sue when there has been a dismissal of a 
charge. The notice of right to sue will be issued in accordance with 
Sec. 1601.28(e). In all other cases where the respondent is a 
government, governmental agency, or political subdivision, the Attorney 
General will issue the notice of right to sue, including the following 
cases:
    (1) When there has been a finding of reasonable cause by the 
Commission, there has been a failure of conciliation, and the Attorney 
General has decided not to file a civil action; and
    (2) Where a charging party has requested a notice of right to sue 
pursuant to Sec. 1601.28(a)(1) or (2). In cases where a charge of 
discrimination results in a finding of cause in part and no cause in 
part, the case will be treated as a ``cause'' determination and will be 
referred to the Attorney General.
    (e) Content of notice of right to sue. The notice of right to sue 
shall include:
    (1) Authorization to the aggrieved person to bring a civil action 
under title VII or the ADA pursuant to section 706(f)(1) of title VII or 
section 107 of the ADA within 90 days from receipt of such 
authorization;
    (2) Advice concerning the institution of such civil action by the 
person claiming to be aggrieved, where appropriate;
    (3) A copy of the charge;
    (4) The Commission's decision, determination, or dismissal, as 
appropriate.

[42 FR 55388, Oct. 14, 1977, as amended at 44 FR 4669, Jan. 23, 1979; 45 
FR 73037, Nov. 4, 1980; 47 FR 46275, Oct. 18, 1982; 48 FR 19165, Apr. 
28, 1983; 49 FR 13024, Apr. 2, 1984; 49 FR 13874, Apr. 9, 1984; 52 FR 
26959, July 17, 1987; 54 FR 32061, Aug. 4, 1989; 56 FR 9624, 9625, Mar. 
7, 1991]