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tricts, or schools, or groups there- (d) Issuance of notice pursuant of, whenever, in its judgment, to paragraph (c) of this section special or supplemental reports shall suspend further Commission are necessary to accomplish the proceedings unless the Field Dipurposes of Title VII. Any system rector determines that it is in the

. for the requirement of such re public interest to continue such ports will be established in accord- proceedings, or unless, within ance with the procedures referred twenty (20) days after receipt of to in section 709 (c) of Title VII such notice, a party requests the and as otherwise prescribed by Field Director, to continue to prolaw.

cess the case.

FEDERAL REGISTER, VOL. 38, NO. 243— Subpart N—Records and Inquiries

WEDNESDAY, DECEMBER 19, 1973 as to Race, Color, National Ori- PART 1601-PROCEDURAL gin, or Sex

REGULATIONS § 1602.46 Applicability of State Notice of Right-to-Sue or local law.

By virtue of the authority

vested in it by section 713(a) of The requirements imposed by the Equal Employment Oppor- of 1964, as amended, 42 U.S.C.

Title VII of the Civil Rights Act tunity Commission in these regu

2000e-12(a), 78 Stat. 265, the lations, subparts L and M of this part, supersede any provisions of Equal Employment Opportunity

Commission hereby amends Title State or local law which may conflict with them.

29, Chapter XIV, § 1601.25 of the

Code of Federal Regulations. Signed at Washington, D.C., this 17th day of September 1973.

Because of an apparent misun

derstanding, on the part of a WILLIAM H. BROWN III,

number of respondents, with reChairman.

spect to the authority of the Dis

trict Directors to issue Notices of PART 1601-PROCEDURAL Right-To-Sue, $ 1601.25 is revised REGULATIONS

to read as follows:

$ 1601.25 Notice to respondent, In Title 29, Parts 500-1899, person filing a charge on berevised as of July 1, 1973, on page half of the aggrieved person 741, in § 1601.25b, paragraph (d) and aggrieved person. should read as set forth below

(a) In any instance in which and paragraph (e) should be de

the Commission is unable to obleted:

tain voluntary compliance as pro§ 1601.25b Processing of cases, vided by Title VII, as amended,

when notice issues under $ it shall so notify the respondent, 1601.25.

the person filing a charge on be

half of the aggrieved person, the vested in it by section 713(b) of aggrieved person or persons, and Title VII of the Civil Rights Act any State or local agency to which of 1964 (42 U.S.C. 2000e-12, 78 the charge has been previously Stat. 265), the Equal Employdeferred pursuant to § 1601.12 or ment Opportunity Commission $ 1601.10. Notification to the ag- (hereinafter referred to as the grieved person shall include: Commission) hereby amends Part (1) A copy of the charge.

1606 of Chapter XIV, Title 29 of (2) A copy of the Commission's the Code of Federal Regulations. reasonable cause or no reasonable

The purpose of this amendcause determination as appropri- ment is to conform Part 1606 to ate.

the Supreme Court decision in (3) Advice concerning his or Espinoza v. Farah Manufacturing her rights to proceed in court un

Co., Inc., No. 72–671, issued Noder Section 709(f) (1) of Title

vember 19, 1973, which held that VII.

discrimination on the basis of (b) The Commission hereby citizenship is not per se national delegates to its District Directors, origin discrimination. Changes in Deputy District Directors, and

section 1601(d) reflecting the the Director of Compliance, the

now conditional nature of Title authority to issue Notices of

VII citizenship discrimination Right-To-Sue on behalf of the

are as follows: the word “beCommission in all cases except cause" is replaced by the word those in which a government, “where"; the phrase "purpose or"

” governmental agency or political is inserted prior to the word subdivision is named in the

"effect." Comparable changes are charge, pursuant to the pro- made in section 1601 (e) as folcedures set forth in paragraph lows. The provision that state (a) (2) and (3) of this section.

laws “prohibiting the employThese amendments shall be

ment of noncitizens” are in “concome effective March 18, 1974.

flict with and are, therefore, Signed at Washington, D.C.,

superseded by Title VII” is qualithe 13th day of March 1974.

fied by the clause "where such JOHN H. POWELL, Jr.,

laws have the purpose or effect Chairman.

of discriminating on the basis of

national origin.” PART 1606—GUIDELINES ON DIS

The Commission CRIMINATION BECAUSE OF NA

published TIONAL ORIGIN

Part 1606, Chapter XIV in the

FEDERAL REGISTER (35 FR 421) Relationship of Citizenship Discri- on January 13, 1970. Because the

mination to National Origin Dis- material herein is interpretive in crimination

nature, the exemption of the AdBy virtue of the authority ministrative Procedure Act (5

U.S.C. 553) authorizing publica- basis of national origin, they are tion in final form without notice in conflict with and are, therefore, for public comments is applicable. superseded by Title VII of the In view of the foregoing, Part Civil

Civil Rights Act of 1964, as 1606 is amended by revising amended. $ 1606.1 (d) and (e) to read as (Sec. 713(b), 78 Stat. 265 (42 follows below.

U.S.C. sec. 2000 (e)-12(b))

Effective date. This revision § 1606.1 Guidelines on discrimi. shall become effective March 18,

nation because of national 1974.
origin.

Signed at Washington, D.C.,

this the 13th day of March 1974. (d) Where discrimination on

JOHN H. POWELL, JR., the basis of citizenship against a

Chairman. lawfully immigrated alien resid

FEDERAL REGISTER, VOL. 38, NO. 149– ing in the United States has the FRIDAY, AUGUST 3, 1973 purpose or effect of discriminating against persons of a par

ISSUANCE OF NOTICES OF ticular national origin, such per

RIGHT-TO-SUE son may not be discriminated

Formal Ratification against on the basis of citizen

Notice is hereby given that the ship, except that it is not an

Equal Employment Opportunity unlawful employment practice for

Commission as a

a Commission an employer pursuant to section

meeting on March 12, 1974, for703 (g), to refuse to employ any

mally ratified the acts of the Disperson who does not fulfill the re

trict Directors of EEOC District quirements imposed in the interests of national security pur

Offices in issuing Notices of

Right-To-Sue pursuant to Comsuant to any statute of the United

mission practice instituted on OcStates or any Executive Order of

tober 15, 1969, and continued to the President respecting the par

the present. ticular position or the particular

Signed at Washington, D.C., premises in question.

the 13th day of March, 1974. (e) In addition, some states have enacted laws prohibiting JOHN H. POWELL, JR., the employment of noncitizens.

Chairman. Where such laws have the purpose

FEDERAL REGISTER, VOL. 39. NO. 53— or effect of discriminating on the

MONDAY, MARCH 18, 1974

ex

PROCESSING OF COMPLAINTS OF tain and review any pertinent
EMPLOYMENT DISCRIMINATION documents.
AS BETWEEN TWO AGENCIES It is anticipated that these con-

tacts will be made routinely beMemorandum of Understanding

tween EEOC regional offices and PART I. In order to reduce dupli- regional offices of OFCC. In order cation of compliance activities and to facilitate this information exto facilitate information

change: change, the Equal Employment

OFCC will provide EEOC with: Opportunity Commission (EEOC) (a) Copies of reports from and the Office of Federal Contract Compliance Agencies outlining Compliance (OFCC) agree to the contractor compliance reviews following:

proposed for the next quarter. Prior to investigation of (b) Current lists of Compliance charges filed against Government Agencies with an associated list contractors subject to Executive of contractor establishments loOrder 11246 (30 F. R. 12319), as cated in each region of each comamended by Executive

by Executive Order pliance Agency. 11375 (32 F. R. 14303), EEOC (c) A listing of compliance rewill contact OFCC to (a) deter- views actually completed each mine whether the contractor has quarter indicating the results of been subjected to a compliance re- such reviews. view within the past ninety (90) EEOC will provide OFCC with: days, and (b) obtain and review

(a) A monthly printout listing copies of any documents relevant

of all current charges under into EEOC's investigation which

vestigation, by region. have been secured by the con

(b) A quarterly listing of all tracting agency in previous com

cases in which settlement or conpliance reviews.

ciliation has been completed and Prior to conducting compliance

the results, by region. reviews or investigations of com

(c) A copy of each conciliation plaints against Government con

agreement prepared in EEOC field tractors, OFCC will contact

offices as a result of conciliation EEOC to (a) determine whether efforts. EEOC has processed similar or

PART II. The following procedure identical charges against the con

shall be applicable to all cases intractor, (b) determine whether

volving Government contractors EEOC has information from prior subject to the provisions of Exinvestigations, if any which may

ecutive Order 11246, as amended. have a bearing on the contractor's (a) OFCC shall promptly transcompliance with Executive Order mit complaints filed with it un11246, as amended, and (c) ob- der Executive Order 11246, as

treat such complaints as charges ecutive Order 11246, as amended. filed under Title VII of the Civil In order to develop effective workRights Act of 1964. EEOC will ing procedures to implement this investigate such complaints, if paragraph, the following propracticable within sixty (60) days cedure shall apply during the first or, in the case of charges relating ninety (90) days of the operation to practices occurring in a state of this Memorandum: or subdivision thereof in which

(1) EEQC shall determine EEOC is required to refer to an

which cases in which reasonable appropriate state or local agency

cause has been found against Govunder section 706(b) of Title VII,

ernment contractors will be reif practicable, within one hundred

ferred to OFCC for issuance of and twenty (120) days from the

thirty (30) day show cause nodate on which such charge is re- tices under this paragraph. ceived by it. In investigating such

(2) EEOC and OFCC will charges, EEOC will act both on behalf of OFCC under Executive

agree on the total number of cases

to be referred. Order 11246, as amended, and on its own behalf under Title VII. (3) At the end of ninety (90) EEOC shall promptly transmit its days EEOC and OFCC will redecision and findings of fact in all view the operation of this Memosuch cases to OFCC, which shall randum, and adopt such adjustthen take action in accordance ments to procedures as are approwith paragraph (b) of this part. priate in the light of experience.

(b) Whenever EEOC deter- (c) A finding by EEOC as to mines that reasonable cause exists reasonable cause shall not be conto believe that a Government con- clusive as to whether the contractor subject to Executive tractor has violated Executive Order 11246 as amended, has vio- Order 11246, as amended, nor is lated Title VII, it shall transmit anything contained herein inits decision and findings of fact to tended to limit the authority of OFCC. The Director of OFCC OFCC in conducting such further then shall cause to be served upon investigations or from instituting such contractor a notice that rea- such further efforts to obtain sonable cause exists to believe compliance with the provisions of that such contractor is in viola- Executive Order 11246, as tion of Executive Order 11246, as amended, including the comamended, and that should concil- mencement of show cause proiation efforts of EEOC fail, said ceedings earlier than the period contractor shall have thirty (30) specified in paragraph (b) above, days to show cause why enforce- at it deems appropriate: Proment proceedings should not be vided, That in further attempting

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