Section 1601.12 - Contents of charge; amendment of charge

3 Analyses of this regulation by attorneys

  1. EEOC Offers Webpage on Commissioner Charges, Directed Investigations

    Jackson Lewis P.C.Paul PattenJune 11, 2020

    The charge must meet certain elements and include the respondent’s name, address, and approximate number of employees, if known, as well as a “clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices.” 29 C.F.R. § 1601.12(a)(2)-(4). Further, the EEOC will inform the state or local fair employment practices agency if the charge is within the jurisdiction of the local agency and provides for an enforcement mechanismSituations Leading to a Commissioner ChargeThe EEOC states that Commissioner charges can happen in three ways:A field office learns about possible discrimination even though they have not received an individual charge.

  2. Fourth Circuit

    Outten & Golden LLPPaul MollicaApril 5, 2011

    Outcome on Appeal: Reversed [plaintiff]. Grounds: With investigation into literacy requirement, addition of ADA (for persons with learning and intellectual disabilities) relates back to first national origin charge, under "clarify and amplify" prong of 29 C.F.R. § 1601.12(b). EEOC's interpretation of regulation to permit a new statutory basis is reasonable and must be deferred to by court. Four years' worth of non-administrative positions filled in Maryland is relevant to charge under investigationSydnor v. Fairfax Co, Virginia, 681 F.3d 591, 28 AD Cases 648 (4th Cir. 2012).

  3. Tenth Circuit

    Outten & Golden LLPPaul MollicaApril 5, 2011

    Though they later filed formal charges with the EEOC, by then it was more than 300 days since they were terminated. Employees' contention that they filed "intake forms" was insufficient to defeat summary judgment, because without counsel's letter or the intake forms (all materials that are uniquely within plaintiffs' control), court can only speculate whether they qualified as "charges" or whether they were "filed" within the time period prescribed by law. No "relation- back" under 29 C.F.R. §1601.12(b) where there is no proof of an original "charge" to relate back to. Alternative argument that limitations challenges are affirmative defenses, and that the employer must disprove the existence of the charges, fails.