[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1601.21]

[Page 160-162]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1601_PROCEDURAL REGULATIONS--Table of Contents
 
 Subpart B_Procedure for the Prevention of Unlawful Employment Practices
 
Sec. 1601.21  Reasonable cause determination: Procedure and authority.

    (a) After completing its investigation, where the Commission has not 
settled or dismissed a charge or made a no cause finding as to every 
allegation addressed in the determination under Sec. 1601.19, the 
Commission shall issue a determination that reasonable cause exists to 
believe that an unlawful employment practice has occurred or is 
occurring under title VII or the ADA. A determination finding reasonable 
cause is based on, and limited to, evidence obtained by the Commission 
and does not reflect any judgment on the merits of allegations not 
addressed in the determination.
    (b) The Commission shall provide prompt notification of its 
determination under paragraph (a) of this section to the person claiming 
to be aggrieved, the person making the charge on behalf of such person, 
if any, and the respondent, or in the case of a Commissioner charge, the 
person named in the charge or identified by the Commission in the third 
party certificate, if any, and the respondent. The Commission may, 
however, on its own initiative reconsider its decision or the 
determination of any of its designated officers who have authority to 
issue Letters of Determination, Except that the Commission will not 
reconsider determinations of reasonable cause previously issued against 
a government, governmental entity or political subdivision after a 
failure of conciliation as set forth in Sec. 1601.25.
    (1) In cases where the Commission decides to reconsider a dismissal 
or a determination finding reasonable cause to believe a charge is true, 
a notice of intent to reconsider will promptly issue. If such notice of 
intent to reconsider is issued within 90 days from receipt of a notice 
of right to sue and the charging party has not filed suit and did not 
receive a notice of right to sue

[[Page 161]]

pursuant to Sec. 1601.28(a)(1) or (2), the notice of intent to 
reconsider will vacate the dismissal or letter of determination and 
revoke the notice of right to sue. If the 90 day period has expired, the 
charging party has filed suit, or the charging party had requested a 
notice of right to sue pursuant to Sec. 1601.28(a)(1) or (2), the 
notice of intent to reconsider will vacate the dismissal or letter of 
determination, but will not revoke the notice of right to sue. After 
reconsideration the Commission will issue a determination anew. In those 
circumstances where the notice of right to sue has been revoked, the 
Commision will, in accordance with Sec. 1601.28, issue a notice of 
right to sue anew which will provide the charging party with 90 days 
within which to bring suit.
    (2) The Commission shall provide prompt notification of its intent 
to reconsider, which is effective upon issuance, and its final decision 
after reconsideration to the person claiming to be aggrieved, the person 
making the charge on behalf of such person, if any, and the respondent, 
or in the case of a Commissioner charge, the person named in the charge 
or identified by the Commissioner in the third-party certificate, if 
any, and the respondent.
    (c) Where a member of the Commission has filed a Commissioner 
charge, he or she shall abstain from making a determination in that 
case.
    (d) The Commission hereby delegates to District Directors, or upon 
delegation, Field Directors, Area Directors or Local Directors; and the 
Director of the Office of Field Programs, or upon delegation, the 
Director of Field Management Programs, the authority, except in those 
cases involving issues currently designated by the Commission for 
priority review, upon completion of an investigation, to make a 
determination finding reasonable cause, issue a cause letter of 
determination and serve a copy of the determination upon the parties. 
Each determination issued under this section is final when the letter of 
determination is issued. However, the Director of the Office of Field 
Programs, or upon delegation, the Director of Field Management Programs; 
each District Director; each Field Director; each Area Director and each 
Local Director, for the determinations issued by his or her office, may 
on his or her own initiative reconsider such determinations, except that 
such directors may not reconsider determinations of reasonable cause 
previously issued against a government, governmental agency or political 
subdivision after a failure of conciliation as set forth in Sec. 
1601.25.
    (1) In cases where the issuing Director decides to reconsider a 
dismissal or a determination finding reasonable cause to believe a 
charge is true, a notice of intent to reconsider will promptly issue. If 
such notice of intent to reconsider is issued within 90 days from 
receipt of a notice of right to sue and the charging party has not filed 
suit and did not request a notice of right to sue pursuant to Sec. 
1601.28(a)(1) or (2), the notice of intent to reconsider will vacate the 
dismissal or letter of determination and revoke the notice of right to 
sue. If the 90 day period has expired, the charging party has filed 
suit, or the charging party had received a notice of right to sue 
pursuant to Sec. 1601.28(a)(1) or (2), the notice of intent to 
reconsider will vacate the dismissal or letter of determination, but 
will not revoke the notice of right to sue. After reconsideration the 
issuing Director will issue a determination anew. In those circumstances 
where the notice of right to sue has been revoked, the issuing Director 
will, in accordance with Sec. 1601.28, issue a notice of right to sue 
anew which will provide the charging party with 90 days within which to 
bring suit.
    (2) When the issuing Director does reconsider, he or she shall 
provide prompt notification of his or her intent to reconsider, which is 
effective upon issuance, and final decision after reconsideration to the 
person claiming to be aggrieved, the person making the charge on behalf 
of such person, if any, and the respondent, or in the charge or 
identified by the Commissioner in the third party certificate, if any, 
and the respondent.
    (e) In making a determination as to whether reasonable cause exists, 
substantial weight shall be accorded final findings and orders made by 
designated FEP agencies to which the Commission defers charges pursuant 
to Sec. 1601.13. For

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the purposes of this section, the following definitions shall apply:
    (1) ``Final findings and orders'' shall mean:
    (i) The findings of fact and order incident thereto issued by a FEP 
agency on the merits of a charge; or
    (ii) The consent order or consent decree entered into by the FEP 
agency on the merits of a charge.

Provided, however, That no findings and order of a FEP agency shall be 
considered final for purposes of this section unless the FEP agency 
shall have served a copy of such findings and order upon the Commission 
and upon the person claiming to be aggrieved and shall have informed 
such person of his or her rights of appeal or to request 
reconsideration, or rehearing or similar rights; and the time for such 
appeal, reconsideration, or rehearing request shall have expired or the 
issues of such appeal, reconsideration or rehearing shall have been 
determined.
    (2) ``Substantial weight'' shall mean that such full and careful 
consideration shall be accorded to final findings and orders, as defined 
above, as is appropriate in light of the facts supporting them when they 
meet all of the prerequisites set forth below:
    (i) The proceedings were fair and regular; and
    (ii) The practices prohibited by the State or local law are 
comparable in scope to the practices prohibited by Federal law; and
    (iii) The final findings and order serve the interest of the 
effective enforcement of title VII or the ADA: Provided, That giving 
substantial weight to final findings and orders of a FEP agency does not 
include according weight, for purposes of applying Federal law, to such 
Agency's conclusions of law.

[42 FR 55388, Oct. 14, 1977, as amended at 45 FR 73036, Nov. 4, 1980; 48 
FR 19165, Apr. 28, 1983; 49 FR 13024, Apr. 2, 1984; 51 FR 18778, May 22, 
1986; 52 FR 26959, July 17, 1987; 53 FR 3370, Feb. 7, 1988; 54 FR 32061, 
Aug. 4, 1989; 56 FR 9624, 9625, Mar. 7, 1991; 71 FR 26828, May 9, 2006]