---
kind: "section"
citation: "28 C.F.R. § 37.11"
title: "28"
number: "37.11"
heading: "EEOC review of deferred charges."
url: "https://uscodex.org/cfr/28/37.11"
---

# §37.11. EEOC review of deferred charges.

- (a) **Deferral by the EEOC.** When it is determined that a [section 504](/cfr/28/504.md) agency is the agency that shall process a dual-filed complaint or charge under [§ 37.8(a)(2)](/cfr/28/37.8.md?p=a-2) or [§ 37.8(e)](/cfr/28/37.8.md?p=e), the EEOC shall defer further action until the [section 504](/cfr/28/504.md) agency takes one of the following actions:
  - (1) Makes a finding that a violation has not occurred;
  - (2) Enters into a voluntary compliance agreement;
  - (3) Following a finding that a violation has occurred, refers the complaint to the Civil Rights Division for judicial enforcement and the Civil Rights Division resolves the complaint;
  - (4) Following a finding that a violation has occurred, resolves the complaint through final administrative enforcement action; or
  - (5) **Otherwise resolves the charge.**
- (b) **Notification of the EEOC.** The [section 504](/cfr/28/504.md) agency shall notify the EEOC upon resolution of any dual-filed complaint or charge.
- (c) **Agency review.** After receipt of notification that the [section 504](/cfr/28/504.md) agency has resolved the complaint, the EEOC shall promptly determine what further action by the EEOC is warranted. In reaching that determination, the EEOC shall give due weight to the [section 504](/cfr/28/504.md) agency's findings and conclusions. If the EEOC proposes to take an action inconsistent with the [section 504](/cfr/28/504.md) agency's findings and conclusions as to whether a violation has occurred, the EEOC shall notify in writing the Assistant Attorney General, the Chairman of the EEOC, and the head of the [section 504](/cfr/28/504.md) agency that processed the complaint. In the written notification, the EEOC shall state the action that it proposes to take and the basis of its decision to take such action.
- (d) **Provision of information.** Upon written request, the [section 504](/cfr/28/504.md) agency shall provide the EEOC with any materials relating to its resolution of the complaint, including its conclusions, investigative reports and files, and any voluntary compliance agreement.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 29 U.S.C. 794 (d); 42 U.S.C. 12117(b); 28 CFR 0.50(l).

### Source

Source: Order No. 1899-94, 59 FR 39904, 39908, Aug. 4, 1994, unless otherwise noted.