[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: 29CFR1601.28]

[Page 164-165]
 
                             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. 1601.28  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 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 
of the charge with the Commission; provided that the District Director, 
the Field Director, the Area Director, the Local Director, the Director 
of the Office of Field Programs or upon delegation, the Director of 
Field Management Programs 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 that is not a Commissioner charge unless the 
District Director; Field Director; Area Director; Local Director; 
Director of the Office of Field Programs or upon delegation, the 
Director of Field Management Programs; 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

[[Page 165]]

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, 
Field Directors, Area Directors, Local Directors, the Director of the 
Office of Field Programs, or Director of Field Management Programs 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 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; 71 FR 26829, May 9, 2006]