Dismissal of Title VII and ADA cases

The Equal Employment Opportunity Commission (EEOC) is amending its procedural regulations to eliminate three bases for dismissing charges under Title VII and the Americans with Disabilities Act. In 1977, the enforcement agency stated it would dismiss cases where the charging party: (1) fails to cooperate; (2) cannot be located; or (3) refuses to accept an offer of full relief. In 1995, EEOC adopted Priority Charge Handling Procedures, which among other things, authorized field offices to issue final determinations when further investigation was not likely to lead to evidence establishing a violation of an employment discrimination statute. This made the three bases for dismissal superfluous, but their continued inclusion in the regulations had caused a split among U.S. circuit courts of appeals on their proper interpretation. Their elimination also is consistent with EEOC’s procedural regulations governing the Age Discrimination in Employment Act and the Equal Pay Act. The final rule is effective February 19, 2008.

73 Fed. Reg. 3387 (Jan. 18, 2008)