What is a “designated agency”?

There are two types of arrangements between the EEOC and state and local fair employment practices agencies under which the state and local agencies are loosely referred to as designated agencies-706 Agencies and Notice Agencies.

706 Agencies. The term 706 Agency has been adopted by the EEOC to refer to a state or local agency that the Commission feels satisfies the criteria stated in Title VII's Section 706(c), which provides for initial processing of an unfair employment practice charge by a state or local agency with concurrent jurisdiction. A state or local agency that qualifies under Section 706(c) is sometimes referred to as a deferral agency because a charge of discrimination that is based on an incident occurring in a state or political subdivision that has a 706 Agency must be filed with the 706 Agency before it can be filed with the EEOC.

The qualifications for designation under Section 706(c) are:

1. That the state or political subdivision has a fair employment practice law that makes unlawful employment practices based upon race, color, religion, sex, or national origin; 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 a criminal proceeding with respect to the practice.

The EEOC lists 706 Agencies in their regulations at 29 CFR §1601.74(a).

Certification. Many 706 Agencies have received special certification from the EEOC so that Title VII cases processed by those agencies will generally be accepted by the Commission without individual, case-by-case substantial weight review.

The EEOC lists certified 706 Agencies in their regulations at 29 CFR §1601.80.

Notice Agencies. A state or local fair employment practice agency may be designated as a Notice Agency by the EEOC either because the state or local agency does not meet the criteria for designation as a 706 Agency for purpose of a particular basis of discrimination or because the state or local agency specifically applied for designation as a Notice Agency. As the term implies, the Notice Agency receives notification from the EEOC when a charge is received from the Notice Agency's area. In other words, if the EEOC is not compelled by law to defer to the state agency on a charge, it will nevertheless notify a Notice Agency of the filing of the charge.

The EEOC lists Notice Agencies in their regulations at 29 CFR §1601.74(b).