How to Enforce Employment Rights Under the Americans with ...

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Title I - Notice of Right to Sue - Conciliation FailureEQUAL EMPLOYMENT OPPORTUNITY COMISSIONNOTICE OF RIGHT TO SUE(Conciliation Failure)TO:FROM:ٱOn behalf of a person aggrieved whose identity is CONFIDENTIAL (29 C.F.R. 1 601. 7 (a)) CHARGE NUMBERTELEPHONE NUMBEREEOC REPRESENTATIVE(See Sections 706(f)(1) and (f)(3) of Title VII of the Civil Rights Act of 1964 on reverse of this form)The Commission has found reasonable cause to believe that your charge of employment discrimination is true but has notentered into a conciliation agreement to which you are a party because attempts to achieve such a voluntary settlementwith respondents have been unsuccessful.The Commission has determined that it will not bring a civil action against the respondents and accordingly is issuing thisNotice of Right To Sue. With the issuance of this Notice the Commission terminates its processing of your charge, exceptthat the Commission may seek status as intervenor if you decide to sue on your own behalf as described below.If you want to pursue your charge further, you have the right to sue the respondent(s) named in your charge in UnitedStates District Court. IF YOU DECIDE TO SUE, YOU MUST FILE A COMPLAINT IN THE FEDERAL DISTRICTCOURT WITHIN NINETY (90) DAYS FROM THE RECEIPT OF THIS NOTICE OF RIGHT TO SUE: OTHERWISEYOUR RIGHT TO SUE IS LOST. FILING THIS NOTICE IS NOT SUFFICIENT. A COURT COMPLAINT MUSTCONTAIN A SHORT STATEMENT OF THE FACTS OF YOUR CASE WHICH SHOW THAT YOU AREENTITLED TO RELIEF.Your suit may include any allegation contained in your charge of employment discrimination or any matter which was orshould have been discovered by the Commission during its investigation of your charge.___________________________On Behalf of the Commission_____________________________________Enclosures:(Date)(Typed Name and Title of EEOC Official)Cc:EEOC FORM 161-A38
Section 706(f) (1) and (f) (3) of the Civil Rights Act of 1964, was amended, states:(f) (1) If within thirty days after a charge is filed with the Commission or within thirty days afterexpiration of any period of reference under subsection (c) or (d), the Commission has been unable to securefrom the respondent a conciliation agreement acceptable to the Commission, the Commission may bring a civilaction against any respondent not a government, governmental agency, or political subdivision, named in thecharge. In the case of a respondent which is a government, governmental agency, or political subdivision, if theCommission has been unable to secure from the respondent a conciliation agreement acceptable to theCommission, the Commission shall take no further action and shall refer the case to the Attorney General whomay bring a civil action against such respondent in the appropriate United States district court. The person orpersons aggrieved shall have the right to intervene in a civil action brought by the Commission or the AttorneyGeneral in a case involving a government, governmental agency, or political subdivision. If a charge filed withthe Commission pursuant to subsection (b) is dismissed by the Commission, or if within one hundred eightydays from the filing of such charge or the expiration of any period of reference under subsection (c) or (d),whichever is later, the Commission has not filed a civil action under this section or the Attorney General has notfiled a civil action in a case involving a government, governmental agency, or political subdivision, or theCommission has not entered into a conciliation agreement to which the person aggrieved is a party, theCommission, or the Attorney General in a case involving a government, governmental agency, or politicalsubdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civilaction may be brought against the respondent named in the charge (A) by the person claiming to be aggrieved,or (B) if such charge was filed by a member of the Commission, by any person whom the charge alleges wasaggrieved by the alleged unlawful employment practice. Upon application by the complainant and in suchcircumstances as the court may deem just, the court may appoint an attorney for such complainant or mayauthorize the commencement of the action without the payment of fees, costs, or security. Upon timelyapplication, the court may, in its discretion, permit the Commission or the Attorney General in a case involvinga government, governmental agency, or political subdivision, to intervene in such civil action upon certificationthat the case is of general public importance. Upon request, the court may, in its discretion, stay furtherproceedings for not more than sixty days pending the termination of State or local proceedings described insubsection (c) or (d) of this section or further efforts of the Commission to obtain voluntary compliance.(f)(3) Each United States district court and each United States court of a place subject to the jurisdictionof the United States shall have jurisdiction of actions brought under this title. Such an action may be brought inany judicial district in the State in which the unlawful employment practice is alleged to have been committed,in the judicial district in which the employment records relevant to such practice are maintained andadministered, or in the judicial district in which the aggrieved person would have worked but for the allegedunlawful practice, but if the respondent is not found within any such district, such an action may be broughtwithin the judicial district in which the respondent has his principal office. For purposes of sections 1404 and1406 of title 28 of the United States Code, the judicial district in which the respondent has his principal officeshall in all cases be considered a district in which the action might have been brought.An information copy of this Notice of Right to Sue has been sent to the respondent(s) as shown.ATTORNEY REPRESENTATION:If you cannot afford or have been unable to obtain a lawyer to represent you, you should be aware that the CivilRights Act of 1964, as amended, 42 U.S.C. 20OOe-5(f) (1) provides that the U.S. District Court havingjurisdiction in your case may, at its discretion, assist you in obtaining a lawyer to represent you. The court is notrequired to appoint counsel for your. If you plan to request appointment of a lawyer to represent you, you mustmake this request of the U.S. District Court in the form and manner it requires. Your request to the U.S. DistrictCourt should be made well in advance of the end of the 90-day period mentioned above.39
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