§ 1601.12 - Contents of charge; amendment of charge.

§ 1601.12 Contents of charge; amendment of charge.

Cross Reference

Link to an amendment published at 85 FR 65217, Oct. 15, 2020.

(a) Each charge should contain the following:

(1) The full name , address and telephone number contact information of the person making the charge except as provided in § 1601.7;

(2) The full name and address contact information of the person against whom the charge is made, if known (hereinafter referred to as the respondent);

(3) A clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices: See § 1601.15(b);

(4) If known, the approximate number of employees of the respondent employer or the approximate number of members of the respondent labor organization, as the case may be; and

(5) A statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a State or local agency charged with the enforcement of fair employment practice laws and, if so, the date of such commencement and the name of the agency.

(b) Notwithstanding the provisions of paragraph (a) of this section, a charge is sufficient when the Commission receives from the person making the charge a written statement sufficiently precise to identify the parties, and to describe generally the action or practices complained of. A charge may be amended to cure technical defects or omissions, including failure to verify the charge, or to clarify and amplify allegations made therein. Such amendments and amendments alleging additional acts which constitute unlawful employment practices related to or growing out of the subject matter of the original charge will relate back to the date the charge was first received. A charge that has been so amended shall not be required to be redeferred.

[42 FR 55388, Oct. 14, 1977, as amended at 85 FR 65217, Oct. 15, 2020]