tricts, or schools, or groups thereof, whenever, in its judgment, special or supplemental reports are necessary to accomplish the purposes of Title VII. Any system for the requirement of such reports will be established in accordance with the procedures referred to in section 709 (c) of Title VII and as otherwise prescribed by law. Subpart N Records and Inquiries as to Race, Color, National Origin, or Sex § 1602.46 Applicability of State or local law. The requirements imposed by the Equal Employment Opportunity Commission in these regulations, subparts L and M of this part, supersede any provisions of State or local law which may conflict with them. Signed at Washington, D.C., this 17th day of September 1973. WILLIAM H. BROWN III, PART 1601-PROCEDURAL REGULATIONS In Title 29, Parts 500-1899, revised as of July 1, 1973, on page 741, in § 1601.25b, paragraph (d) should read as set forth below and paragraph (e) should be deleted: § 1601.25b Processing of cases, when notice issues under § 1601.25. (d) Issuance of notice pursuant to paragraph (c) of this section shall suspend further Commission proceedings unless the Field Director determines that it is in the public interest to continue such proceedings, or unless, within twenty (20) days after receipt of such notice, a party requests the Field Director, to continue to process the case. FEDERAL REGISTER, VOL. 38, NO. 243- PART 1601-PROCEDURAL Notice of Right-to-Sue By virtue of the authority vested in it by section 713(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-12(a), 78 Stat. 265, the Equal Employment Opportunity Commission hereby amends Title 29, Chapter XIV, § 1601.25 of the Code of Federal Regulations. Because of an apparent misunderstanding, on the part of a number of respondents, with respect to the authority of the District Directors to issue Notices of Right-To-Sue, § 1601.25 is revised to read as follows: § 1601.25 Notice to respondent, person filing a charge on behalf of the aggrieved person and aggrieved person. (a) In any instance in which the Commission is unable to obtain voluntary compliance as provided by Title VII, as amended, it shall so notify the respondent, the person filing a charge on be half of the aggrieved person, the aggrieved person or persons, and any State or local agency to which the charge has been previously deferred pursuant to § 1601.12 or § 1601.10. Notification to the aggrieved person shall include: (1) A copy of the charge. (2) A copy of the Commission's reasonable cause or no reasonable cause determination as appropriate. (3) Advice concerning his or her rights to proceed in court under Section 709 (f) (1) of Title VII. (b) The Commission hereby delegates to its District Directors, Deputy District Directors, and the Director of Compliance, the authority to issue Notices of Right-To-Sue on behalf of the Commission in all cases except those in which a government, governmental agency or political subdivision is named in the charge, pursuant to the procedures set forth in paragraph (a) (2) and (3) of this section. These amendments shall become effective March 18, 1974. Signed at Washington, D.C., the 13th day of March 1974. JOHN H. POWELL, Jr., PART 1606-GUIDELINES ON DIS- Relationship of Citizenship Discri- vested in it by section 713(b) of Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-12, 78 Stat. 265), the Equal Employment Opportunity Commission (hereinafter referred to as the Commission) hereby amends Part 1606 of Chapter XIV, Title 29 of the Code of Federal Regulations. The purpose of this amendment is + conform Part 1606 to the Supreme Court decision in Espinoza v. Farah Manufacturing Co., Inc., No. 72-671, issued November 19, 1973, which held that discrimination on the basis of citizenship is not per se national origin discrimination. Changes in section 1601(d) reflecting the now conditional nature of Title VII citizenship discrimination are as follows: the word "because" is replaced by the word "where"; the phrase "purpose or" is inserted prior to the word "effect." Comparable changes are made in section 1601 (e) as follows. The provision that state laws "prohibiting the employment of noncitizens" are in "conflict with and are, therefore, superseded by Title VII" is qualified by the clause "where such laws have the purpose or effect of discriminating on the basis of national origin." The Commission published Part 1606, Chapter XIV in the FEDERAL REGISTER (35 FR 421) on January 13, 1970. Because the material herein is interpretive in nature, the exemption of the Ad By virtue of the authority ministrative Procedure Act (5 (d) Where discrimination on the basis of citizenship against a lawfully immigrated alien residing in the United States has the purpose or effect of discriminating against persons of a particular national origin, such person may not be discriminated against on the basis of citizenship, except that it is not an unlawful employment practice for an employer pursuant to section 703 (g), to refuse to employ any person who does not fulfill the requirements imposed in the interests of national security pursuant to any statute of the United States or any Executive Order of the President respecting the particular position or the particular premises in question. (e) In addition, some states have enacted laws prohibiting the employment of noncitizens. Where such laws have the purpose or effect of discriminating on the basis of national origin, they are in conflict with and are, therefore, superseded by Title VII of the Civil Civil Rights Act of 1964, as amended. (Sec. 713 (b), 78 Stat. 265 (42 U.S.C. sec. 2000 (e)-12 (b)) Effective date. This revision shall become effective March 18, 1974. Signed at Washington, D.C., this the 13th day of March 1974. JOHN H. POWELL, JR., Chairman. FEDERAL REGISTER, VOL. 38, NO. 149FRIDAY, AUGUST 3, 1973 charges filed against Government contractors subject to Executive Order 11246 (30 F. R. 12319), as amended by Executive Order 11375 (32 F. R. 14303), EEOC will contact OFCC to (a) determine whether the contractor has been subjected to a compliance review within the past ninety (90) days, and (b) obtain and review copies of any documents relevant to EEOC's investigation which have been secured by the contracting agency in previous compliance reviews. Prior to conducting compliance reviews or investigations of complaints against Government contractors, OFCC will contact EEOC to (a) determine whether EEOC has processed similar or identical charges against the contractor, (b) determine whether EEOC has information from prior investigations, if any which may have a bearing on the contractor's compliance with Executive Order 11246, as amended, and (c) ob tain and review any pertinent documents. It is anticipated that these contacts will be made routinely between EEOC regional offices and regional offices of OFCC. In order to facilitate this information exchange: OFCC will provide EEOC with: (a) Copies of reports from Compliance Agencies outlining contractor compliance reviews proposed for the next quarter. (b) Current lists of Compliance Agencies with an associated list of contractor establishments located in each region of each Compliance Agency. (c) A listing of compliance reviews actually completed each quarter indicating the results of such reviews. EEOC will provide OFCC with: (a) A monthly printout listing of all current charges under investigation, by region. (b) A quarterly listing of all cases in which settlement or conciliation has been completed and the results, by region. (c) A copy of each conciliation agreement prepared in EEOC field offices as a result of conciliation efforts. PART II. The following procedure shall be applicable to all cases involving Government contractors subject to the provisions of Executive Order 11246, as amended. (a) OFCC shall promptly transmit complaints filed with it under Executive Order 11246, as amended, to EEOC, which shall treat such complaints as charges filed under Title VII of the Civil Rights Act of 1964. EEOC will investigate such complaints, if practicable within sixty (60) days or, in the case of charges relating to practices occurring in a state or subdivision thereof in which EEOC is required to refer to an appropriate state or local agency under section 706(b) of Title VII, if practicable, within one hundred and twenty (120) days from the date on which such charge is received by it. In investigating such charges, EEOC will act both on behalf of OFCC under Executive Order 11246, as amended, and on its own behalf under Title VII. EEOC shall promptly transmit its decision and findings of fact in all such cases to OFCC, which shall then take action in accordance with paragraph (b) of this part. (b) Whenever EEOC determines that reasonable cause exists to believe that a Government contractor subject to Executive Order 11246 as amended, has violated Title VII, it shall transmit its decision and findings of fact to OFCC. The Director of OFCC then shall cause to be served upon such contractor a notice that reasonable cause exists to believe that such contractor is in violation of Executive Order 11246, as amended, and that should conciliation efforts of EEOC fail, said contractor shall have thirty (30) days to show cause why enforcement proceedings should not be commenced against it under Executive Order 11246, as amended. In order to develop effective working procedures to implement this paragraph, the following procedure shall apply during the first ninety (90) days of the operation of this Memorandum: (1) EEQC shall determine which cases in which reasonable cause has been found against Government contractors will be referred to OFCC for issuance of thirty (30) day show cause notices under this paragraph. (2) EEOC and OFCC will agree on the total number of cases to be referred. (3) At the end of ninety (90) days EEOC and OFCC will review the operation of this Memorandum, and adopt such adjustments to procedures as are appropriate in the light of experience. (c) A finding by EEOC as to reasonable cause shall not be conclusive as to whether the contractor has violated Executive Order 11246, as amended, nor is anything contained herein intended to limit the authority of OFCC in conducting such further investigations or from instituting such further efforts to obtain compliance with the provisions of Executive Order 11246, as amended, including the commencement of show cause proceedings earlier than the period specified in paragraph (b) above, at it deems appropriate: Provided, That in further attempting |