28 CFR § 42.608 - Agency action on complaints dismissed by EEOC.

---
identifier: "/us/cfr/t28/s42.608"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 42.608 - Agency action on complaints dismissed by EEOC."
title_number: 28
title_name: "Judicial Administration"
section_number: "42.608"
section_name: "Agency action on complaints dismissed by EEOC."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "42"
part_name: "NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "42"
---


# 42.608 Agency action on complaints dismissed by EEOC.

Upon EEOC's transmittal of a dismissal under § 42.607 of this regulation, the referring agency shall determine within thirty days, what, if any, action the agency intends to take with respect to the complaint and then notify the complainant and the recipient. In reaching that determination, the referring agency shall give due weight to EEOC's determination that the title VII allegations of the joint complaint should be dismissed. If the referring agency decides to take action with respect to a complaint that EEOC has dismissed for lack of reasonable cause to believe that title VII has been violated, the agency shall notify the Assistant Attorney General and the Chairman of the EEOC in writing of the action it plans to take and the basis of its decision to take such action.