FEP Agency Designation Procedures

29 C.F.R. Part ..., Subpart G
in effectEffective: 2024-07-01

29 C.F.R. § 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; disability; genetic information; or pregnancy, childbirth, or related medical conditions; 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. (b) Any State or local agency or authority seeking FEP agency designation should submit a written request to the Chair 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 § 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, the ADA, GINA, or the PWFA, or to both. (e) The Chair 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.

29 C.F.R. § 1601.71 FEP agency notification.

(a) When the Commission determines that an agency or authority meets the criteria outlined in section 706(c) of title VII and § 1601.70, the Commission shall so notify the agency by letter and shall notify the public by publication in the Federal Register of an amendment to § 1601.74. (b) Where the Commission determines that an agency or authority does not come within the definition of a FEP agency for purposes of a particular basis of discrimination or where the agency or authority applies for designation as a Notice Agency, the Commission shall notify that agency or authority of the filing of charges for which the agency or authority is not a FEP agency. For such purposes that State or local agency will be deemed a Notice Agency. (c) Where the Chair becomes aware of events which lead him or her to believe that a deferral Agency no longer meets the requirements of a FEP agency and should no longer be considered a FEP agency, the Chair will so notify the affected agency and give it 15 days in which to respond to the preliminary findings. If the Chair deems necessary, he or she may convene a hearing for the purpose of clarifying the matter. The Commission shall render a final determination regarding continuation of the agency as a FEP agency.

29 C.F.R. § 1601.74 Designated and notice agencies.

The Commission has made the following designations 2 : (a) The designated FEP agencies are: (b) The designated Notice Agencies are: Alaska Commission for Human Rights Alexandria (VA) Human Rights Office Allentown (PA) Human Relations Commission Anchorage (AK) Equal Rights Commission Anderson (IN) Human Relations Commission Arizona Civil Rights Division Arlington County (VA) Human Rights Commission 3 3 The Arlington Human Rights Commission has been designated as a FEP agency for all charges except charges alleging a violation of title VII by a government, government agency, or political subdivision of the State of Virginia. For these types of charges it shall be deemed a “Notice agency” pursuant to 29 CFR 1601.71(b). Austin (TX) Human Relations Commission 4 4 The Austin (TX) Human Relations Commission has been designated as a FEP agency for all charges except charges alleging a violation of title VII by a government, government agency, or political subdivision of the State of Texas. For these types of charges it shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b). Baltimore (MD) Community Relations Commission Bloomington (IL) Human Relations Commission Bloomington (IN) Human Rights Commission Broward County (FL) Human Relations Commission California Department of Fair Employment and Housing Charleston (WV) Human Rights Commission City of Salina (KS) Human Relations Commission and Department City of Springfield (IL) Department of Community Relations Clearwater (FL) Office of Community Relations Colorado Civil Rights Commission Colorado State Personnel Board 5 5 The Colorado State Personnel Board has been designated as a FEP agency for only those charges which relate to appointments, promotions, and other personnel actions that take place in the State personnel system. In addition, it has been designated as a FEP agency for all of the above mentioned charges except charges which allege a violation of section 704(a) of title VII. For this type of charge it shall be deemed a “Notice Agency” pursuant to 29 CFR 1601.71(b). Commonwealth of Puerto Rico Department of Labor 6 6The Commonwealth of Puerto Rico Department of Labor has been designated as a FEP agency for all charges except charges alleging a “labor union” has violated title VII; charges alleging an “employment agency” has violated title VII; and charges alleging violations of title VII by agencies or instrumentalities of the Government of Puerto Rico when they are not operating as private businesses or enterprises. For these types of charges it shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b). With respect to charges alleging retaliation under section 704(a) of Title VII, the Commonwealth of Puerto Rico Department of Labor is a FEP agency for charges alleging retaliation for having opposed unlawful sexual harassment or participated in a statutory sexual harassment complaint proceeding and a “Notice Agency” for all other charges alleging violation of section 704(a) of Title VII. Connecticut Commission on Human Rights and Opportunity Corpus Christi (TX) Human Relations Commission Dade County (FL) Fair Housing and Employment Commission Delaware Department of Labor District of Columbia Office of Human Rights Durham (NC) Human Relations Commission East Chicago (IN) Human Rights Commission Evansville (IN) Human Relations Commission Fairfax County (VA) Human Rights Commission Florida Commission on Human Relations Fort Dodge-Webster County (IA) Human Rights Commission Fort Wayne (IN) Metropolitan Human Relations Commission Fort Worth (TX) Human Relations Commission Gary (IN) Human Relations Commission Georgia Office of Fair Employment Practices 7 7 The Georgia Office of Fair Employment Practices has been designated as a FEP agency for all charges covering the employment practices of the departments of the State of Georgia only. Hawaii Department of Labor and Industrial Relations 8 8 The Hawaii Department of Labor and Industrial Relations has been granted FEP agency designation of all charges except those filed against units of the State and local government, in which case it shall be deemed a “Notice Agency.” Hillsborough County (FL) Equal Opportunity and Human Relations Department Howard County (MD) Human Rights Commission 9 9 The Howard County (MD) Human Rights Commission has been granted designation of all charges except those filed against agencies of Howard County in which case it shall be deemed a “Notice Agency.” Huntington (WV) Human Relations Commission Idaho Human Rights Commission Illinois Department of Human Rights Indiana Civil Rights Commission Iowa Civil Rights Commission Jacksonville (FL) Equal Employment Opportunity Commission Kansas City (KS) Human Relations Department Kansas City (MO) Human Relations Department Kansas Human Rights Commission Kentucky Commission on Human Rights Lee County (FL) Department of Equal Opportunity Lexington-Fayette (KY) Urban County Human Rights Commission Lincoln (NE) Commission on Human Rights 10 10 The Lincoln (NE) Commission on Human Rights has been designated as a FEP agency for all charges except (1) a charge by an “applicant for membership” alleging a violation of section 703(c)(2) of title VII (2) a charge by an individual alleging that a “joint labor-management committee” has violated section 704(a) of title VII; and (3) a charge by an individual alleging that a “joint labor-management committee” has violated section 704(b) of title VII. For those types of charges, it shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b). Louisiana (LA) Commission on Human Rights Louisville and Jefferson County (KY) Human Relations Commission Madison (WI) Equal Opportunities Commission Maine Human Rights Commission Maryland Commission on Human Relations Mason City (IA) Human Rights Commission Massachusetts Commission Against Discrimination Michigan City (IN) Human Rights Commission Michigan Department of Civil Rights Minneapolis (MN) Department of Civil Rights Minnesota Department of Human Rights Missouri Commission on Human Rights Montana Human Rights Division Montgomery County (MD) Human Relations Commission Nebraska Equal Opportunity Commission Nevada Commission on Equal Rights of Citizens New Hampshire Commission for Human Rights New Hanover (NC) Human Relations Commission 11 11 The New Hanover Human Relations Commission is being designated as a FEP agency for charges covering employment practices under section 706(c) of title VII and CFR 1601.70 et seq. (1980) within New Hanover County and “such cities within the county as may by resolution of their governing boards, permit the Ordinance of the Board of Commissioners of New Hanover County entitled ‘Prohibition of Discrimination in Employment’ to be applicable within such cities.” This covers Wilmington City and the unincorporated area of New Hanover County. At this time Wrightsville Beach, Carolina Beach and Kure Beach are not included in this designation. For charges from these latter locales the New Hanover Human Relations Commission shall be deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(b). New Haven (CT) Commission on Equal Opportunities New Jersey Division of Civil Rights, Department of Law and Public Safety New Mexico Human Rights Commission New York City (NY) Commission on Human Rights New York State Division on Human Rights North Carolina State Office of Administrative Hearings North Dakota Department of Labor Ohio Civil Rights Commission Oklahoma Human Rights Commission Omaha (NE) Human Relations Department Orange County (NC) Human Relations Commission Oregon Bureau of Labor Orlando (FL) Human Relations Department Paducah (KY) Human Rights Commission Palm Beach County (FL) Office of Equal Opportunity Pennsylvania Human Relations Commission Philadelphia (PA) Commission on Human Relations Pinellas County (FL) Affirmative Action Office Pittsburgh (PA) Commission on Human Rights Prince George's County (MD) Human Relations Commission Prince William County (VA) Human Rights Commission Reading (PA) Human Relations Commission Rhode Island Commission for Human Rights Richmond County (GA) Human Rights Commission Rockville (MD) Human Rights Commission St. Louis (MO) Civil Rights Enforcement Agency St. Paul (MN) Department of Human Rights St. Petersburg (FL) Human Relations Division 12 12 On June 1, 1979, the St. Petersburg Office of Human Relations was designated a FEP agency for all charges except those charges alleging retaliation under section 704(a) of title VII. Accordingly, “for retaliation charges” it was deemed a “Notice Agency,” pursuant to 29 CFR 1601.71(c). See 44 FR 31638. On May 23, 1979, an ordinance amended the St. Petersburg, FL Human Relations law to include charges of retaliation. Therefore, retaliation charges will be deferred to that agency effective immediately. Seattle (WA) Human Rights Commission Sioux Falls (SD) Human Relations Commission South Bend (IN) Human Rights Commission South Carolina Human Affairs Commission South Dakota Division of Human Rights Springfield (OH) Human Relations Department Tacoma (WA) Human Relations Commission Tampa (FL) Office of Community Relations Tennessee Commission for Human Development Texas Commission on Human Rights Topeka (KS) Human Relations Commission Utah Industrial Commission, Anti-Discrimination Division Vermont Attorney General's Office, Civil Rights Division Vermont Human Rights Commission Virgin Islands Department of Labor Virginia Council on Human Rights Washington Human Rights Commission West Virginia Human Rights Commission Wheeling (WV) Human Rights Commission Wichita Falls (TX) Human Relations Commission Wisconsin Equal Rights Division, Department of Industry, Labor and Human Relations Wisconsin State Personnel Commission 13 13 The Wisconsin State Personnel Commission is being designated as a FEP agency for all charges covering the employment practices of the agencies of the State of Wisconsin except those charges alleging retaliation under 704(a) of title VII. Accordingly, for retaliation charges, it shall be deemed a Notice Agency pursuant to 29 CFR 1601.71(b). Wyoming Fair Employment Practices Commission York (PA) Human Relations Commission Youngstown (OH) Human Relations Commission Arkansas Governor's Committee on Human Resources Ohio Director of Industrial Relations Raleigh (NC) Human Resources Department, Civil Rights Unit

29 C.F.R. § 1601.75 Certification of designated FEP agencies.

(a) The Commission may certify designated FEP agencies based upon the past, satisfactory performance of those agencies. The effect of such certification is that the Commission shall accept the findings and resolutions of designated FEP agencies in regard to cases processed under contracts with those agencies without individual, case-by-case substantial weight review by the Commission except as provided in §§ 1601.76 and 1601.77 of this part. (b) Eligibility criteria for certification of a designated FEP agency are as follows: (1) That the State or local agency has been a designated FEP agency for 4 years; (2) That the State or local designated FEP agency's work product has been evaluated within the past 12 months by State, Local, and Tribal Programs, Office of Field Programs, and found to be in conformance with the Commission's Substantial Weight Review Procedures; and (3) That the State or local designated FEP agency's findings and resolutions pursuant to its contract with the Commission, as provided in section 709(b) of title VII, have been accepted by the Commission in at least 95% of the cases processed by the FEP agency in the past 12 months. (c) Upon Commission approval of a designated FEP agency for certification, it shall notify the agency of its certification and shall effect such certification by issuance and publication of an amendment to § 1601.80 of this part.

29 C.F.R. § 1601.76 Right of party to request review.

The Commission shall notify the parties whose cases are to be processed by the designated, certified FEP agency of their right, if aggrieved by the agency's final action, to request review by the Commission within 15 days of that action. The Commission, on receipt of a request for review, shall conduct such review in accord with the procedures set forth in the Substantial Weight Review Procedures.

29 C.F.R. § 1601.77 Review by the Commission.

After a designated FEP agency has been certified, the Commission shall accept the findings and resolutions of that agency as final in regard to all cases processed under contract with the Commission, as provided in section 709(b) of title VII, except that the Commission shall review charges closed by the certified FEP agency for lack of jurisdiction, as a result of unsuccessful conciliation, or where the charge involves an issue currently designated by the Commission for priority review.

29 C.F.R. § 1601.78 Evaluation of designated FEP agencies certified by the Commission.

To assure that designated FEP agencies certified by the Commission, as provided in § 1601.75 of this part, continue to maintain performance consistent with the Commission's Substantial Weight Review Procedures, the Commission shall provide for the evaluation of such agencies as follows: (a) Each designated FEP agency certified by the Commission shall be evaluated at least once every 3 years; and (b) Each designated FEP agency certified by the Commission shall be evaluated when, as a result of a substantial weight review requested as provided in § 1601.76 of this part or required in regard to cases closed as a result of unsuccessful conciliation or for lack of jurisdiction as provided in § 1601.77 of this part, the Commission rejects more than 5% of a designated FEP agency's findings at the end of the year or 20% or more of its findings for two consecutive quarters. When the Commission rejects 20% or more of a designated FEP agency's findings during any quarter, the Commission shall initiate an inquiry and may conduct an evaluation. (c) The Commission may, on its own motion, require an evaluation at any time.

29 C.F.R. § 1601.79 Revocation of certification.

Certification of a designated FEP agency is discretionary with the Commission and the Commission may, upon its own motion, withdraw such certification as a result of an evaluation conducted pursuant to § 1601.78 or for any reason which leads the Commission to believe that such certification no longer serves the interest of effective enforcement of title VII, the ADA, GINA, or the PWFA. The Commission will accept comments from any individual or organization concerning the efficacy of the certification of any designated FEP agency. The revocation shall be effected by the issuance and publication of an amendment to § 1601.80 of this part.

29 C.F.R. § 1601.80 Certified designated FEP agencies.

The designated FEP agencies receiving certification by the Commission are as follows: Alaska Commission for Human Rights Alexandria (VA) Human Rights Office Anchorage (AK) Equal Rights Commission Arizona Civil Rights Division Arlington County (VA) Human Rights Commission Austin Human Relations Commission Baltimore (MD) Community Relations Commission Broward County (FL) Human Relations Commission California Department of Fair Employment and Housing City of Tampa Office of Human Rights Clearwater (FL) Office of Community Relations Colorado Civil Rights Division Connecticut Commission on Human Rights and Opportunity Corpus Christi (TX) Human Relations Commission Dade County (FL) Fair Housing and Employment Commission Delaware Department of Labor District of Columbia Office of Human Rights East Chicago (IN) Human Rights Commission Fairfax County (VA) Human Rights Commission Florida Commission on Human Rights Fort Wayne (IN) Metropolitan Human Relations Commission Fort Worth (TX) Human Relations Commission Gary (IN) Human Relations Commission Georgia Commission on Equal Opportunity Hawaii Department of Labor and Industrial Relations Howard County (MD) Office of Human Rights Idaho Human Rights Commission Illinois Department of Human Rights Indiana Civil Rights Commission Iowa Civil Rights Commission Jacksonville (FL) Equal Employment Opportunity Commission Kansas Commission on Civil Rights Lee County Office of Equal Opportunity Lexington-Fayette (KY) Urban County Human Rights Commission Louisville and Jefferson County Human Relations Commission Madison Equal Opportunity Commission Maine Human Rights Commission Maryland Commission on Human Relations Massachusetts Commission Against Discrimination Michigan Department of Civil Rights Minneapolis (MN) Department of Civil Rights Minnesota Department of Human Rights Missouri Commission on Civil Rights Montana Human Rights Division Nebraska Equal Opportunity Commission Nevada Commission on Equal Rights of Citizens New Hampshire Commission for Human Rights New Hanover Human Relations Commission New Jersey Division on Civil Rights New Mexico Human Rights Commission New York City (NY) Commission on Human Rights New York State Division on Human Rights North Carolina Civil Rights Division, Office of Administrative Hearings North Dakota Department of Labor Ohio Civil Rights Commission Oklahoma Human Rights Commission Omaha (NE) Human Relations Department Oregon Bureau of Labor Orlando (FL) Human Relations Department Palm Beach County Office of Equal Opportunity Pennsylvania Human Relations Commission Philadelphia Commission on Human Relations Pittsburgh Commission on Human Relations Puerto Rico Department of Labor and Human Resources Rhode Island Commission for Human Rights St. Louis (MO) Civil Rights Enforcement Agency St. Paul Department of Human Rights St. Petersburg (FL) Human Relations Department Seattle (WA) Human Rights Commission South Bend (IN) Human Rights Commission South Carolina Human Affairs Commission South Dakota Division of Human Rights Tacoma (WA) Human Relations Division Tennessee Human Rights Commission Texas Commission on Human Rights Utah Industrial Commission, Anti-Discrimination Division Vermont Attorney General's Office, Civil Rights Division Virgin Islands Department of Labor Washington Human Rights Commission West Virginia Human Rights Commission Wisconsin Equal Rights Division, Department of Industry, Labor and Human Relations Wyoming Fair Employment Practices Commission

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