[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: 29CFR1601.70]

[Page 166-167]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1601_PROCEDURAL REGULATIONS--Table of Contents
 
               Subpart G_FEP Agency Designation Procedures
 
Sec. 1601.70  FEP agency qualifications.


    (a) State and local fair employment practice agencies or authorities 
which qualify under section 706(c) of title VII and this section shall 
be designated as ``FEP agencies.'' The qualifications for designation 
under section 706(c) are as follows:
    (1) That the State or political subdivision has a fair employment 
practice law which makes unlawful employment practices based upon race, 
color, religion, sex, national origin or disability; and
    (2) That the State or political subdivision has either established a 
State or local authority or authorized an existing State or local 
authority that is empowered with respect to employment practices found 
to be unlawful, to do one of three things: To grant relief from the 
practice; to seek relief from the practice; or to institute criminal 
proceedings with respect to the practice.

[[Page 167]]

    (b) Any State or local agency or authority seeking FEP agency 
designation should submit a written request to the Chairman of the 
Commission. However, if the Commission is aware that an agency or 
authority meets the above criteria for FEP agency designation, the 
Commission shall defer charges to such agency or authority even though 
no request for FEP agency designation has been made.
    (c) A request for FEP agency designation should include a copy of 
the agency's fair employment practices law and any rules, regulations 
and guidelines of general interpretation issued pursuant thereto. 
Submission of such data will allow the Commission to ascertain which 
employment practices are made unlawful and which bases are covered by 
the State or local entity. Agencies or authorities are requested, but 
not required, to provide the following helpful information:
    (1) A chart of the organization of the agency or authority 
responsible for administering and enforcing said law;
    (2) The amount of funds made available to or allocated by the agency 
or authority for fair employment purposes;
    (3) The identity and telephone number of the agency (authority) 
representative whom the Commission may contact with reference to any 
legal or other questions that may arise regarding designation;
    (4) A detailed statement as to how the agency or authority meets the 
qualifications of paragraph (a) (1) and (2) of Sec. 1601.70.
    (d) Where both State and local FEP agencies exist, the Commission 
reserves the right to defer to the State FEP agency only. However, where 
there exist agencies of concurrent jurisdiction, the Commission may 
defer to the FEP agency which would best serve the purposes of title VII 
or the ADA, or to both.
    (e) The Chairman or his or her designee, will provide to the 
Attorney General of the concerned State (and corporation counsel of a 
concerned local government, if appropriate) an opportunity to comment 
upon aspects of State or local law which might affect the qualifications 
of any new agency in that State otherwise cognizable under this section.

[45 FR 33606, May 20, 1980, as amended at 47 FR 53733, Nov. 29, 1982. 
Redesignated and amended at 56 FR 9625, Mar. 7, 1991; 60 FR 46220, Sept. 
6, 1995]