Federal Register: October 26, 2000 (Volume 65, Number 208)
DOCID: FR Doc 00-27470
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CFR Citation: 24 CFR Part 7
Docket ID: [Docket No. FR-4607-P-01]
RIN ID: RIN 2501-AC73
NOTICE: Part V
DOCUMENT ACTION: Proposed rule.
Equal Employment Opportunity; Updating of EEO Policies and Procedures
DATES: Comment due date: November 27, 2000.
This proposed rule amends HUD's regulations governing the Department's equal employment opportunity policies, procedures and programs. The amendments update the Department's current EEO regulations and make them consistent with recently issued regulations of the Equal Employment Opportunity Commission (EEOC).
Department of Housing and Urban Development,
This proposed rule updates HUD's regulations in 24 CFR part 7 that pertain to the Department's equal employment opportunity policies, procedures and programs. The amendments to be made by this proposed rule will provide for regulations that supersede the last revision of part 7, issued on April 29, 1996. This rule proposes to conform to HUD's regulations to the recently amended EEOC regulations in 29 CFR part 1614. The revised part 1614 regulations became effective on November 9, 1999 (see final rule issued July 12, 1999, at 64 FR 37644). In addition, this proposed rule provides HUD's current and former employees and applicants with a more complete guide to the processing of equal employment opportunity (EEO) complaints. The most significant change proposed by this rule is the establishment of an Alternative Dispute Resolution (ADR) program designed to promote impartial, fair and early resolution of EEO complaints.
II. Changes to Part 7 Proposed by This Rule
The revisions proposed by this rule (in regulatory section numerical sequence) are as follows:
Section 7.1 Policy
This section adds reference to Executive Order 12871. Section 7.2 Definitions
This section defines and in some cases explains the following terms and acronyms which are used in this part: aggrieved individual, Alternative Dispute Resolution, claim, comparable, conflictofinterest complaint, Director of Equal Employment Opportunity, disability, Diversity Program Manager, EEO, EEOC, Equal Employment Opportunity Discrimination Complaint Manager, EEO Officer Pro Tem, final decision, final action, final order, neutral, organizational unit, record and reprisal.
Section 7.3 Designations
This section explains that cases presenting a conflictofinterest for the Office of Departmental Equal Employment Opportunity (ODEEO) will be transferred for processing to an EEO Officer Pro Tem (an official at a neutral federal agency). The Director of EEO will make such determinations as to the appropriateness of and need for such transfers on a casebycase basis. This section also requires that each organizational unit appoint an Equal Employment Opportunity Discrimination Complaint Manager (DCM) and a Diversity Program Manager. Section 7.5 EEO Alternative Dispute Resolution Program
This section describes the Department's alternative dispute resolution (ADR) program for EEO matters.
Section 7.10 Responsibilities of the Director of EEO
This section identifies the Director's responsibility to provide an ADR program for EEO matters at the precomplaint and formal complaint stages of the EEO process. This section also identifies the Director's responsibility to provide mandatory annual EEO and ADR training for supervisors and managers. Such training may be a component of Departmentwide supervisory and management training developed in coordination with the Offices of Human Resources and General Counsel. Section 7.11 Responsibilities of the EEO Officers
This section identifies the EEO Officer's duty to assist in providing for and ensuring managers' and supervisors' mandatory participation in EEO ADR training and cooperation with the ADR process. Section 7.12 Responsibilities of the EEO Counselors
This section is expanded to clearly describe the enhanced responsibilities of the EEO Counselors.
Section 7.13 Responsibilities of the Assistant Secretary for Administration
This section requires the coordination of mandatory EEO ADR training for EEO Counselors, supervisors and managers.
Section 7.14 Responsibilities of the Office of Human Resources
This section requires the development of an ongoing Departmentwide training program for supervisors and managers, to ensure understanding of the EEO ADR Program and coordination between and among the Director of EEO, the HUD Training Academy, the Office of General Counsel and the Office of Human Resources to provide the required EEO ADR training. Section 7.15 Responsibilities of Managers and Supervisors
This section adds the requirement of mandatory attendance by managers and supervisors at annual EEO ADR management and supervisory training, and the requirement of full cooperation during ADR and throughout the EEO complaint processing and investigation process. Section 7.16 Responsibilities of Employees
This section reiterates the requirement of employee cooperation
during EEO counseling, EEO investigations, ADR and throughout the entire EEO complaint process.
Section 7.26 EEO Alternative Dispute Resolution Program
This new section describes the EEO ADR Program made available in the EEO process.
Section 7.37 Final Action
This new section explains the various types of EEO final actions which result in final decisions and orders by the Department and EEOC Administrative Judges.
Section 7.38 Appeals
This new section explains the appeal procedures and the time limitations.
Section 7.39 Negotiated Grievance, MSPB Appeal and Administrative Grievance Procedures
This new section explains the other complaint processes available to Department employees.
Section 7.40 Remedies and Enforcement
This new section explains the remedies and the enforcement procedures to be followed in EEO cases where discrimination is found. Section 7.41 Compliance with EEOC Final Decisions
This new section explains the procedures to be followed by the Department when relief is ordered by EEOC.
Section 7.42 Enforcement of EEOC Final Decisions
This new section explains the procedures regarding the enforcement of EEOC's final decisions.
Section 7.43 Settlement Agreements
This new section explains the procedures for compliance with settlement agreements and final actions.
Section 7.44 Interim Relief
This new section explains how interim relief is granted when the Department appeals an EEOC decision.
Section 7.45 EEO Group Statistics and Reports
This new section describes the EEOC's requirements for the collection of statistics, accurate employment applicant flow information and other EEO data, and the submission of annual reports. III. Justification for Shortened Public Comment Period
It is the general practice of the Department to provide a 60day
public comment period on all proposed rules. The Department, however,
is reducing its usual 60day public comment period to 30 days for this
proposed rule. This rule pertains primarily to HUD employees and
through HUD's internal review process, this rule already has been disseminated to HUD employees, for review and comment.
IV. Findings and Certifications
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this proposed rule before publication and by approving it certifies that this rule would not have a significant economic impact on a substantial number of small entities. This proposed rule involves internal HUD operations and pertains only to current/former employees and applicants for employment at HUD. Environmental Impact
In accordance with 24 CFR 50.19(c)(3) of HUD's regulations, this proposed rule would provide for the enforcement of nondiscrimination within HUD, and therefore is categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 43214347).
Executive Order 13132, Federalism
This rule does not have Federalism implications and does not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of Executive Order 13132. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act 1995 (Pub. L. 1044; approved March 22, 1995) (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments, and on the private sector. This rule would not impose any Federal mandates on any State, local, or tribal government, or on the private sector, within the meaning of the UMRA. List of Subjects in 24 CFR Part 7
Administrative practice and procedure, Equal employment opportunity, Organization and functions (Government agencies).
Accordingly, 24 CFR part 7 is proposed to be revised as follows:
PART 7EQUAL EMPLOYMENT OPPORTUNITY; POLICY, PROCEDURES AND PROGRAMS
Subpart AEqual Employment Opportunity Without Regard to Race, Color, Religion, Sex, National Origin, Age, Disability or Reprisal General Provisions
7.4 Affirmative employment programs.
7.5 EEO Alternative Dispute Resolution Program.
7.10 Responsibilities of the Director of EEO.
7.11 Responsibilities of the EEO Officers.
7.12 Responsibilities of the EEO Counselors.
7.13 Responsibilities of the Assistant Secretary for
7.14 Responsibilities of the Office of Human Resources.
7.15 Responsibilities of managers and supervisors.
7.16 Responsibilities of employees.
7.25 Precomplaint processing.
7.26 EEO Alternative Dispute Resolution Program.
7.30 Presentation of complaint.
7.31 Who may file a complaint, with whom filed, and time limits. 7.32 Representation and official time.
7.33 Contents of the complaints.
7.37 Final action.
Other Complaint and Appeal Procedures
7.39 Negotiated grievance, MSPB appeal and administrative grievance procedures.
Remedies, Enforcement and Compliance
7.40 Remedies and enforcement.
7.41 Compliance with EEOC final decisions.
7.42 Enforcement of EEOC final decisions.
7.43 Settlement agreements.
7.44 Interim relief.
Statistics and Reporting Requirements
7.45 EEO group statistics and reports.
Authority: 29 U.S.C. 206(d), 633a, 791 and 794; 42 U.S.C. 2000e
note, 2000e16, 42 U.S.C. 3535(d); E.O. 11478 of Aug. 8, 1969; 34 FR
19285, Aug. 12, 1969; E.O. 10577, 3 CFR 19541958; E.O. 11222, 3 CFR 1964965.
Subpart AEqual Employment Opportunity Without Regard to Race, Color Religion, Sex, National Origin, Age, Disability or Reprisal General Provisions
Sec. 7.1 Policy.
The Department's equal employment opportunity policy conforms with
the policies expressed in title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000d2000d4); the Civil Rights Act of 1991; Executive Order
11478 of 1969 (34 FR 12985, 3 CFR 19661970 Comp., p. 803); the Age
Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. et seq.);
the Equal Pay Act of 1963 (29 U.S.C. 206d); sections 501 and 504 of the
Rehabilitation Act of 1973, and reaffirming Executive Order 12871 (29
U.S.C. 791, 794); the Civil Service Reform Act of 1978 (5 U.S.C. 1101
et seq.); Executive Order 13087 of 1998 (63 FR 30097); and with the
EEOC's implementing regulations, codified under 29 CFR part 1614. It is
HUD's policy to provide equality of opportunity in employment in the
Department for all persons; to prohibit discrimination on the basis of
race, color, religion, sex, national origin, age, disability or
reprisal in all aspects of its personnel policies, programs, practices,
and operations and in all its working conditions and relationships with
current or former employees and applicants for employment; and to
promote the full realization of equal opportunity in employment through
continuing programs of affirmative employment at every level within the
Department. Procedures for filing EEO claims are found in the EEOC
regulations at 29 CFR part 1614. HUD is committed to promoting
affirmative employment through the removal of barriers and by positive
actions at every level, including the early resolution of EEO disputes. Sec. 7.2 Definitions.
AE means affirmative employment.
Aggrieved individual means a person who suffers a present harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. The terms ``aggrieved individual'' and ``aggrieved person'', as used in this part, are interchangeable.
Alternative Dispute Resolution (ADR) means a variety of approaches used to resolve conflict rather than traditional adjudicatory or adversarial methods such as litigation, hearings, and administrative processing and appeals. The approaches used may include, but are not limited to: negotiation, conciliation, facilitation, mediation, fact finding, peer review, minitrial, arbitration, or ombudsman.
Claim means action the agency has taken or is taking that causes
the aggrieved person to believe that he or she is a victim of discrimination. This term replaces the formerly used term
``allegation'' and is used interchangeably with the term ``issue''.
Comparable means a person designated as head of an organizational unit that is analogous to that headed by an Assistant Secretary.
Conflictofinterest complaint means an EEO complaint arising in the Department which names the Director of EEO or the Deputy Director of EEO, or both, as the responsible management officials.
Director of Equal Employment Opportunity (EEO) means the Director of HUD's Office of Departmental Equal Employment Opportunity who is also designated as the Director of EEO in this part.
Disability means the same as the term ``handicap'' under EEOC's regulations at 29 part 1614.
Discrimination Complaint Manager
(DCM) means the designee, appointed by the Assistant Secretary (EEO Officer) or the Assistant Secretary's comparable, who assists the EEO Officer in discharging his or her EEO responsibilities and is responsible for carrying out the EEO discrimination complaint process for the organizational unit pursuant to the applicable civil rights laws, the regulations at 29 CFR part 1614 and this part.
Diversity Program Manager means the designee appointed by the
Assistant Secretary (EEO Officer) or the Assistant Secretary's
comparable who assists the EEO Officer in promoting appreciation of the
contributions of women, minorities, and persons with disabilities, and in promoting the value of all Department employees.
EEO means equal employment opportunity.
EEO Officer Pro Tem means the Chief of Staff or an official at a neutral federal agency designated to process an EEO claim that would be a conflict of interest for the Director of EEO or the Deputy Director of EEO, or both.
EEOC and Commission mean the Equal Employment Opportunity Commission.
Final action means the Department's issuance of a final decision or final order.
Final decision means HUD's determination of the findings of fact and law on the merits or the procedural issues of an EEO complaint based upon the available record.
Final order means the Department's final action which states whether the Department will fully implement the decision or order of an EEOC Administrative Judge, or both.
Neutral means an individual who mediates or otherwise functions to specifically aid the parties in resolving the issues, and has no official, financial, or personal conflict of interest with respect to the issues being disputed, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve.
Organizational unit means the jurisdictional area of the Department's program offices such as the Office of the Secretary, the Office of General Counsel, etc.
Record means all documents related to the EEO complaint as outlined in EEOC Management Directive 110.
Reprisal means the action taken against a current or former
employee or applicant in retaliation for previous EEO participation in
protected EEO activity or for opposing employment practice or policy
illegal under EEO statutes. The terms ``reprisal'' and ``retaliation'' are used interchangeably.
Sec. 7.3 Designations.
(a) Director of Equal Employment Opportunity. The Director of the Office of Departmental Equal Employment Opportunity (ODEEO) is designated as the Director of EEO, except for complaints naming the Director or Deputy Director of Departmental EEO, or both, as the responsible management official(s) in complaints arising in the ODEEO which present a conflictofinterest. In such cases, the Director of EEO may:
(1) Transfer the case to the Chief of Staff for processing; or (2) On behalf of the Department, enter into an agreement with one or more federal agencies for processing of the Department's conflict ofinterest cases by the designated federal official chosen to serve as the EEO Officer Pro Tem.
(b) Deputy Director of Equal Employment Opportunity. The Deputy Director of the ODEEO is designated as the Deputy Director of EEO and acts in the absence of the Director of EEO.
(c) Equal Employment Opportunity Officer. The Director of EEO shall designate the Assistant Secretary or the Assistant Secretary's comparable as EEO Officer for the Department's respective
organizational units for complaints arising in the respective Assistant Secretary's or Assistant Secretary's comparable organizational unit. (d) Equal Employment Opportunity Discrimination Complaint Manager (DCM). Each Assistant Secretary (EEO
Officer) shall designate a DCM to represent the organizational unit in EEO matters and assist the EEO Officer in carrying out EEO responsibilities. The DCM shall be the Administrative Officer (AO) for the organizational unit or another designee of the EEO Officer. Sec. 7.4 Affirmative employment programs.
The Office of the Secretary, each Assistant Secretary, the General Counsel, the Inspector General, the President of the Government National Mortgage Association, the Chief Financial Officer, the Chief Procurement Officer, the Chief Information Officer, the Director of Lead Hazard Control, the Director of the Office of Multifamily Housing Assistance Restructuring, the Director of the Departmental Enforcement Center, the Director of the Real Estate Assessment Center, and the Director of the Office of Federal Housing Enterprise Oversight and other positions that may be established and are comparable to an Assistant Secretary, shall establish, maintain and carry out a plan of affirmative employment (AE) to promote equal opportunity in every aspect of employment policy and practice. Each plan shall identify instances of underrepresentation of minorities, women and persons with disabilities, recognize situations or barriers that impede equality of opportunity, and include objectives and action items targeted to eliminate any employment, training, advancement, and retention issues which adversely affect minorities, women and persons with disabilities. Each plan must be consistent with 29 CFR part 1614, is subject to approval by the Director of EEO and shall be developed within the framework of Departmentwide guidelines published by the Director of EEO.
Sec. 7.5 EEO Alternative Dispute Resolution Program.
In accordance with the Secretary's Policy Statement regarding
Alternative Dispute Resolution (ADR) located on the Department's
website and 29 CFR 1614.102(b)(2), the Department shall establish and
maintain an ADR program that addresses, at a minimum, EEO matters at
the precomplaint and formal complaint stages of the EEO process. ADR
is a nonadversarial process that does not render a judgment with
respect to the dispute. With the assistance of an impartial and neutral
third party, ADR offers parties involved the opportunity to reach early
and informal resolution of EEO matters in a mutually satisfactory fashion.
(a) Program availability. In appropriate cases, the EEO ADR Program is made available to an aggrieved person or Complainant during the pre complaint and the formal complaint processing periods. Participation in the program by the aggrieved person or complainant, is voluntary. However, managers and supervisors shall cooperate in the ADR process once the aggrieved person or complainant has requested to participate and the ODEEO has determined that the matter is appropriate for ADR. Participation in the EEO ADR Program at the formal complaint stage of the EEO process will be determined on a casebycase basis by the appropriate ODEEO official designated by the Director of EEO and does not affect the processing of the formal complaint, including the investigation.
(b) EEO ADR program procedures. The ODEEO shall establish and maintain all EEO ADR Program procedures which include appropriate consultations.
(c) ADR training. Training and education on the EEO ADR Program will be provided to all Department employees, managers and supervisors, and other persons protected under the applicable laws.
(d) Precomplaint ADR election process. The appropriateness of a particular EEO matter or EEO complaint for the Department's ADR Program shall be determined on a casebycase basis by the ODEEO official designated by the Director of EEO. The EEO Counselor shall advise the aggrieved person that the aggrieved person may choose between participation in the EEO ADR Program or the EEO traditional counseling activities provided for at 29 CFR 1614.105(c). The aggrieved person's election to proceed through ADR instead of EEO counseling is final. (e) ADR counseling requirements. (1) The minimum information to be provided by the EEO Counselor about the Department's ADR Program includes the following:
(i) Definition of the term ADR;
(ii) An explanation of the stages in the EEO process at which ADR may be available;
(iii) A description of the ADR technique(s) used by the Department; (iv) A description of how the program is consistent with the EEO ADR core principles that ensure fairness and require voluntariness, neutrality, confidentiality, and enforceability;
(v) An explanation of procedural and substantive alternatives; and (vi) All time frames for the EEO administrative process including ADR.
(2) The EEO Counselor shall have no further involvement in resolving the EEO matter after the referral to the EEO ADR program. (f) Extension of precomplaint processing period for ADR. Where the aggrieved person chooses to participate in ADR, the precomplaint processing period shall not exceed 90 days from the date of initial contact with the EEO Office.
(1) The aggrieved person shall be informed in writing by the EEO Counselor, no later than the thirtieth day after contacting the EEO Counselor, of the right to file a discrimination complaint, if the matter presented by the aggrieved person has not been resolved. (2) Prior to the end of the 30day period from the date of initial contact with the EEO Office, the aggrieved person may agree, in writing, with the Department to postpone the final interview and extend the precomplaint period for an additional period of no more than 60 days if the matter is not resolved. If the matter has not been resolved before the conclusion of the agreed extension, the notice of right to file a discrimination complaint shall be issued no later than the 90th day of initial contact with the EEO Office. The notice shall inform the aggrieved person of the right to file a discrimination complaint within 15 days of receipt of the notice, of the appropriate official with whom to file a complaint and of the aggrieved person's duty to assure that the Department is informed immediately if the aggrieved person retains counsel or a representative and if the aggrieved person changes address.
(g) EEO ADR Program's relationship to negotiated grievance, MSPB appeal and administrative grievance procedures. Participation in the EEO ADR program does not preclude the aggrieved person or Complainant from exercising rights under any of the Department's other complaint or appeal procedures, when no resolution is reached. When participation in ADR results in a settlement agreement and the aggrieved person or Complainant believes the Department has failed to comply with its terms, the aggrieved person or Complainant may exercise the right of appeal pursuant to 29 CFR 1614.504.
Sec. 7.10 Responsibilities of the Director of EEO.
The Director and Deputy Director of EEO are responsible for:
(a) Advising the Secretary with respect to the preparation of
plans, procedures, regulations, reports, and other matters pertaining to the
Government's equal employment opportunity policy and the Department's EEO/ADR/AE programs;
(b) Developing and maintaining plans, procedures, and regulations necessary to carry out the Department's EEO programs, including a Departmentwide program of affirmative employment developed in coordination with other officials; and approving programs of affirmative employment established by each EEO Officer or comparable organizational head;
(c) Evaluating, at least annually, the sufficiency of each organizational unit's EEO/ADR/AE program and providing reports thereon to the Secretary with recommendations as to any improvement or correction needed, including remedial or disciplinary action with respect to managerial or supervisory employees who have failed in their responsibility;
(d) Appraising the Department's personnel operations at regular intervals to ensure their conformity with the policies of the Government's and the Department's EEO program;
(e) Making changes in programs and procedures designed to eliminate discriminatory practices and improve the Department's EEO/ADR/AE programs;
(f) Selecting EEO Counselors;
(g) Providing for counseling by an EEO Counselor to a current or former employee or applicant for employment who believes that he or she has been discriminated against because of race, color, religion, sex, national origin, age, disability, or in retaliation for participation in protected EEO activity; or for opposing a policy or practice illegal under EEO statutes;
(h) Providing for the prompt, fair and impartial processing of individual complaints involving claims of discrimination within the Department subject to 29 CFR part 1614;
(i) Making the final decision on discrimination complaints and ordering such corrective measures as may be necessary, including disciplinary action warranted in circumstances where an employee has been found to have engaged in a discriminatory practice.
(j) Executing settlement agreements to resolve EEO complaints; (k) Making available an ADR Program for EEO matters at both the precomplaint and formal EEO complaint stages of the EEO administrative process;
(l) Developing and providing annual mandatory EEO and ADR training for EEO Counselors, and all supervisors and managers in conjunction with HUD Training Academy, Office of Human Resources, and the Office of General Counsel, other federal agencies and resources with ADR information and expertise; and
(m) Publicizing to all employees and posting at all times the names, business telephone numbers and addresses of the EEO Counselors, EEO Director, EEO Officers, and Diversity Program Managers, notice of EEO complaint processing time limits and the requirements of contacting an EEO Counselor and completing the counseling phase before filing a complaint.
Sec. 7.11 Responsibilities of the EEO Officers.
Each EEO Officer is responsible for:
(a) Advising the Director of EEO on all matters affecting the implementation of the Department's EEO/ADR/AE policies and programs in the organizational unit;
(b) Developing and maintaining a program of affirmative employment for the organizational unit and ensuring that the program is carried out in an exemplary manner;
(c) Publicizing to all employees of the organizational unit the name and address of the Director of EEO, the EEO Officer(s), and the EEO Counselor(s), the EEO Discrimination Complaint Manager(s), the Affirmative Employment Program (AEP) Manager, the Diversity Program Manager, ADR Officials, and the EEO complaint procedures;
(d) Informing all managers and supervisors in the organizational unit of the responsibilities and objectives of the EEO Counselors, DCMs, ADR officials, EEO investigators, and of the EEO complaint process and the importance of cooperating and coordinating with all appropriate Department personnel to informally find solutions to problems brought to the EEO Officer's attention by current or former employees and applicants;
(e) Evaluating and documenting the performance by the managers and supervisors in the organizational unit in carrying out their responsibilities under this subpart;
(f) Seeking a resolution of EEO matters brought to their attention; (g) Designating a senior level Affirmative Employment Program (AEP) Manager in Headquarters responsible for preparing the AEP plan; managing the plan; providing advice and guidance to managers and supervisors in removing barriers to EEO/AE/ADR and in implementing all of their EEO/AE responsibilities; and reviewing all recruitment and personnel actions taken by managers and supervisors to ensure the achievement of AEP objectives;
(h) Designating the Administrative Officer (AO) or other Headquarters organizational unit official as the DCM to manage and direct the organization's EEO responsibilities. In making such designation, the EEO Officer shall ensure that the designation as the DCM does not otherwise conflict with the official duties of the employee so designated;
(i) Designating a senior level Diversity Program Manager in HUD Headquarters to manage and direct the organization's Diversity Program and providing resources for diversity activities for its employees; (j) Ensuring the successful operation of the EEO/AE/ADR Program by requiring management's support;
(k) Approving and making reasonable accommodation to the known physical or mental limitations of qualified employees with disabilities unless the accommodation would impose an undue hardship on the operations of Department; and
(l) Adhering to and implementing the Department's policy on religious accommodation.
Sec. 7.12 Responsibilities of the EEO Counselors.
The EEO Counselor is responsible for counseling and attempting
resolution of matters brought to the EEO Counselor's attention pursuant
to Secs. 7.25 and 7.30 and 29 CFR part 1614, by any current or former
employee or applicant for employment who believes that he or she has
been discriminated against because of race, color, religion, sex,
national origin, age, disability or in reprisal for participating in
EEO activity or opposing policies and practices that are illegal under
the EEO statutes. These responsibilities include, but are not limited to:
(a) Advising individuals, in writing, of their rights and responsibilities, including:
(1) The right to request a hearing and decision from EEOC or an immediate final decision from the agency after an investigation; (2) Election rights;
(3) The right to file a notice of intent to sue and a lawsuit under the ADEA instead of an administrative complaint of age discrimination; and
(4) The duty to mitigate damages;
(5) Relevant time frames.
(b) EEO Counselors shall advise aggrieved persons that only the claims raised in precomplaint counseling (or issues or claims like or related to claims raised in precomplaint counseling) may be alleged in a subsequent complaint filed with the Department. (c) EEO Counselors shall advise aggrieved persons of their duty to keep
the Department and EEOC informed of their current address and the name of the representative, if applicable, and to serve copies of hearing and appeal notices on the Department.
(d) EEO Counselors shall provide to the aggrieved person the notice of the right to file an individual or a class complaint. If the aggrieved person informs the EEO Counselor that the aggrieved person wishes to file a class complaint, the EEO Counselor shall explain the class complaint procedures and the responsibilities of a class agent and provide class complaint counseling prior to the issuance of the notice of right to file a complaint.
(e) EEO Counselors shall advise aggrieved persons that, where the Department agrees to offer ADR in a particular case, they may choose between participation in the EEO ADR Program and the traditional EEO counseling process. The EEO Counselor shall conduct the final interview with the aggrieved person within 30 days of the date the aggrieved person initially contacted the Department's EEO office to request counseling, unless the aggrieved person agrees to a longer counseling period or if the aggrieved person elects the ADR program and agrees to extend the initial 30day precomplaint period for an additional period of no more than 60 days.
(f) If the matter has not been resolved before the conclusion of the agreed extension, the EEO Counselor shall issue the notice of right to file a discrimination complaint no later than the 90th day of the aggrieved person's initial contact with the EEO Office. The notice shall inform the aggrieved person of the right to file a discrimination complaint within 15 days of receipt of the notice; of the appropriate official with whom to file a complaint; and of the aggrieved person's duty to assure that the Department is informed immediately if the aggrieved person retains counsel or a representative and if the aggrieved person changes address.
(g) EEO Counselors shall prepare a report sufficient to document the fact that the required counseling actions were taken and an attempt to resolve any jurisdictional questions was made. The report shall include a precise description of the claim(s) and the basis(es) identified by the aggrieved person; pertinent documents gathered during the inquiry, specific information concerning timeliness of the initial counseling contact, and a statement as to whether a resolution attempt was undertaken, and if so, the disposition.
(h) EEO Counselors shall not attempt in any way to dissuade the aggrieved person from filing an EEO complaint. The EEO Counselor shall not reveal to the responsible management officials the identity of an aggrieved person who consulted the EEO Counselor, except when authorized to do so by the aggrieved person, or until the Department has received a formal discrimination complaint from that person involving that same matter.
Sec. 7.13 Responsibilities of the Assistant Secretary for Administration.
The Assistant Secretary for Administration shall:
(a) Provide leadership in developing and maintaining personnel
management policies, programs, automated systems and procedures which
will promote continuing affirmative employment to ensure equal
opportunity in the recruitment, selection, placement, training, awards,
recognition and promotion of employees, including an applicant flow tracking system;
(b) Provide positive assistance and guidance to organizational units and personnel offices to ensure the effective implementation of the personnel management policies, programs, automated systems, and EEO procedures;
(c) Participate at the national level with other government departments and agencies, other employers, and other public and private groups, in cooperative action to improve employment opportunities and community conditions which affect employability;
(d) Prepare and implement plans for recruitment and reports in accordance with the Federal Equal Opportunity Recruitment Program (FEORP) and the Disabled Veterans Affirmative Action Program (DVAAP); (e) Provide reasonable accommodations to the known physical or mental limitations of qualified employees with disabilities unless the accommodations would impose an undue hardship on the operation of the Department's programs;
(f) Adhere to and implement the Department's policy on religious accommodation;
(g) Designate a senior level Disability Program Manager to promote EEO/ADR/AE for persons with disabilities; to assure the accessibility of all HUD facilities and programs; and to manage the resources for providing reasonable accommodation;
(h) In conjunction with the Director of EEO, provide and coordinate mandatory EEO Counselor training;
(i) Provide and coordinate mandatory supervisors' and managers' EEO/AE/ADR training;
(j) Provide applicant data to ODEEO for analysis; and
(k) Designate a DCM to represent the organizational unit in EEO matters. The DCM shall be the AO for the organizational unit or another designee of the EEO Officer.
Sec. 7.14 Responsibilities of the Office of Human Resources.
In accordance with guidelines issued by the Assistant Secretary for Administration, Human Resources Officers shall:
(a) Appraise job structure and employment practices to ensure equality of opportunity for all employees to participate fully on the basis of merit in all occupations and levels of responsibility; (b) Communicate the Department's EEO policy and program and its employment needs to all sources of job candidates without regard to race, color, religion, sex, national origin, disability, or age and solicit their recruitment assistance on a continuing basis; (c) Upon request, provide personnel information to EEO Counselors and other authorized officials or agents of the agency who are involved in the processing of a discrimination complaint;
(d) Evaluate hiring methods and practices to ensure impartial consideration for all job applicants;
(e) Ensure that new employee orientation programs contain appropriate references to the Department's EEO/ADR/AE policies, procedures and programs and accomplishment of EEO objectives under the Department's Performance, Accountability, Communications System (PACS) or other Departmental performance appraisal system;
(f) Participate in the preparation and distribution of such educational materials as may be necessary to adequately inform all employees of their rights and responsibilities as described in this part, including the Department's EEO program directives;
(g) In coordination with the Director of the HUD Training Academy, develop an ongoing training program for supervisors and managers to ensure understanding of the Departmental EEO/ADR/AE programs, policy and other requirements which foster effective teamwork and high morale; (h) In coordination with the Director of the HUD Training Academy, the Office of General Counsel, the Office of Administration and the Director of EEO, develop an ongoing training program for managers and supervisors to ensure understanding of the Department's EEO [[Page 64326]]
and ADR programs. At a minimum, the training should include: (1) The Civil Rights Act of 1964 (42 U.S.C. 2000d);
(2) Sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794);
(3) The Administrative Dispute Resolution Act of 1996 (5 U.S.C. 556, 571) and its amendments emphasizing the federal government's interest in encouraging mutual resolution of disputes and the benefits associated with using ADR;
(4) EEOC's regulations and policy guidance concerning EEO, AE and ADR;
(5) The ADR methods employed by the Department;
(6) An explanation of how to draft a settlement agreement that complies with the standards required by ODEEO and 29 CFR part 1614; (7) An explanation of the recourse available where noncompliance by the Department is alleged; and
(8) Training on EEO policy, programs and procedures;
(i) In coordination with the Director of the HUD Training Academy, the Office of General Counsel, the Office of Administration, and the Director of EEO, the Department may enter into agreements to have EEO/ AE/ADR mandatory annual supervisory and management training provided by other federal agencies or other resources;
(j) Decide all personnel actions on merit principles and in a manner which will demonstrate affirmative EEO for the organization; (k) Ensure to the greatest possible utilization and development of the skills and potential abilities of all employees;
(l) Track applicant flow and promptly take or recommend appropriate action to overcome any impediment to achieving the objectives of the EEO/ADR/AE programs and accomplishing the EEO objectives under the Performance, Accountability, Communications System (PACS) or other Departmental performance appraisal system;
(m) Provide applicant data to ODEEO for analysis; and
(n) Provide recognition to employees, supervisors, managers and units demonstrating superior accomplishments in EEO.
Sec. 7.15 Responsibilities of managers and supervisors.
All managers and supervisors of the Department are responsible for:
(a) Removing barriers to EEO and ensuring that affirmative employment objectives are accomplished in their areas of
(b) Evaluating and documenting subordinate managers and supervisors on their performance of EEO/ADR/AE responsibilities;
(c) Encouraging and taking positive steps to ensure respect for and acceptance of minorities, women and persons with disabilities, veterans and others of diverse characteristics in the workforce;
(d) Ensuring the nondiscriminatory treatment of all employees and for providing full and fair opportunity for all employees in obtaining employment and career advancement, including support for ADR, the Upward Mobility Program, the Mentoring Program and the implementation of Individual Development Plans;
(e) Encouraging and authorizing staff participation in the various Diversity Program observances and training opportunities;
(f) Being proactive in addressing EEO/ADR/AE issues, and maintaining work environments that encourage and support complaint avoidance through sound management and personnel practices; (g) Resolving complaints of discrimination early in the EEO process either independently, or through the use of ADR techniques; (h) Making reasonable accommodations to the known physical and mental limitations of applicants and employees with disabilities when those accommodations can be made without undue hardship on the business of the Department;
(i) Attending mandatory annual supervisory and management training; and
(j) Adhering to and implementing the Department's policy on religious accommodations.
Sec. 7.16 Responsibilities of employees.
All employees of the Department are responsible for:
(a) Being informed as to the Department's EEO/ADR/AE programs;
(b) Adopting an attitude of full acceptance and respect for
minorities, females, persons with disabilities, veterans and others of
diverse characteristics in the workforce, and support for and participation in ADR;
(c) Providing equality of treatment and service to all persons with whom they come in contact in carrying out their job responsibilities; (d) Providing assistance to supervisors and managers in carrying out their responsibilities in the EEO/ADR/AE programs; and
(e) Cooperating during EEO investigations and throughout the entire EEO ADR process.
Sec. 7.25 Precomplaint processing.
(a) An ``aggrieved person'' must request counseling in accordance with 29 CFR 1614.105(a). The aggrieved person must initiate contact with an EEO Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 days of the effective date of the action. EEOC's regulation at 29 CFR 1614.105 shall govern the Department's precomplaint processing. (b) The Department or the EEOC shall extend the 45day time limit in paragraph (a) of this section when the individual shows that the individual was not notified of the time limits and was not otherwise aware of them, that the individual did not know and reasonably should not have known that the discriminatory matter or personnel action occurred, that despite due diligence the individual was prevented by circumstances beyond the individual's control from contacting the EEO Counselor within the time limits, or for other reasons considered sufficient by the ODEEO or the EEOC.
(c) At the initial counseling session, EEO Counselors must advise individuals, in writing, of their rights and responsibilities, including:
(1) The right to request a hearing and decision from an Administrative Judge of the EEOC or an immediate final decision from the Department following an investigation in accordance with 29 CFR 1614.108(f);
(2) Election rights pursuant to 29 CFR 1614.301 and 29 CFR 1614.302;
(3) The right to file a notice of intent to sue pursuant to 29 CFR 1614.201(a) and a lawsuit under the ADEA instead of an administrative complaint of age discrimination under this subpart;
(4) The duty to mitigate damages;
(5) Relevant time frames; and
(6) The requirement that only the claims raised in precomplaint counseling (or claims like or related to claims raised in precomplaint counseling) may be alleged in a subsequent complaint filed with the Department.
Sec. 7.26 EEO Alternative Dispute Resolution Program.
(a) The aggrieved person may elect to participate in the EEO ADR Program or the traditional EEO counseling procedures. When ADR is chosen, the EEO Counselor shall advise the aggrieved person that if the dispute is resolved during the ADR process, the terms of the agreement must be in writing and signed by both the
aggrieved person and the appropriate Department representative. The Director of EEO will execute ADR settlement agreements that are initiated in the EEO process. The EEO Counselor shall advise the aggrieved person that if no resolution is reached under the EEO ADR Program, or if the matter has not been resolved 90 days from the initial contact with the EEO Office, the aggrieved person will receive a final interview and the notice of right to file a formal complaint shall be issued by the EEO Counselor. Nothing said or done during attempts to resolve the complaint through ADR may be included in any EEO complaint (should ADR be unsuccessful) nor can the ADR proceedings be disclosed.
(b) In appropriate cases (as determined by the Director of EEO on a casebycase basis), ADR is available during the formal complaint process. Participation in ADR at the formal complaint stage does not affect the normal processing of the formal complaint, including the investigation. Should ADR be initiated at the formal complaint stage, the time period for processing the complaint may be extended by agreement for not more than 90 days. If ADR does not resolve the EEO issue(s), the complaint must be processed within the extended time period agreed upon by the parties, but no later than the 90th day. Complaints
Sec. 7.30 Presentation of complaint.
At any stage in the presentation of a complaint, including the
counseling stage, the Complainant shall be free from restraint,
interference, coercion, discrimination, or reprisal and shall have the
right to be accompanied, represented, and advised by a representative
of the Complainant's own choosing, except as limited by 29 CFR part 1614.
Sec. 7.31 Who may file a complaint, with whom filed, and time limits. (a) Who may file a complaint. Any aggrieved person (hereafter, referred to as the Complainant in the formal complaint stage) who has satisfied the requirements of Sec. 7.25 of this part, may file a complaint, unless there is an executed settlement agreement or amended complaint of like or similar issues. The complaint must be filed with the Director of EEO within 15 days of receipt of the notice of right to file a complaint issued by the EEO Counselor. The Department may accept a complaint only if the Complainant has met the appropriate requirements of 29 CFR part 1614.
(b) Filing and computation of time. (1) All time periods in this subpart stated in terms of days are calendar days unless otherwise stated.
(2) A document shall be deemed timely if the document is received or postmarked before the expiration of the applicable filing period, or, in the absence of a legible postmark, if the document is received by mail within five days of the expiration of the applicable filing period.
(3) The time limits in this part are subject to waiver, estoppel and equitable tolling.
(4) The first day counted shall be the day after the event from which the time period begins to run and the last day of the period shall be included, unless the last day falls on a Saturday, Sunday or Federal holiday, in which case the period shall be extended to include the next business day.
Sec. 7.32 Representation and official time.
(a) At any stage in the processing of an EEO complaint, including the counseling stage under 29 CFR 1614.105 and during participation in the EEO ADR Program, the Complainant shall have the right to be accompanied, represented, and advised by a representative of Complainant's choice, except as limited by 29 CFR part 1614. (b) If the Complainant is an employee of the Department, the Complainant shall have a reasonable amount of official time, if otherwise on duty, to prepare the complaint and to respond to Department and EEOC requests for information if the Complainant is otherwise in active duty status. If the Complainant is an employee of the Department and the Complainant designates another employee of the Department as the Complainant's representative, the representative shall have a reasonable amount of official time, if otherwise on duty, to prepare the complaint and respond to Department and EEOC requests for information.
(c) The Department is not obligated to change work schedules, incur overtime wages, or pay travel expenses to facilitate the choice of a specific representative or to allow the Complainant and representative to confer. The Complainant and the Complainant's representative, if employed by the Department and otherwise in a pay status, shall be on official time, regardless of their tour of duty, when their presence is authorized or required by the Department or the EEOC during the investigation, informal adjustment, or hearing on the complaint. (d) In cases where the representation of a Complainant or the Department would conflict with the official or collateral duties of the representative, the EEOC or the Department may, after giving the representative an opportunity to respond, disqualify the
(e) Unless the Complainant states otherwise in writing, after the Department has received written notice of the name, address and telephone number of a representative for the Complainant, all official correspondence shall be with the representative with copies to the Complainant. When the Complainant designates an attorney as representative, service of all official correspondence shall be made on the attorney and the Complainant, but time frames for receipt of materials shall be computed from the time of receipt by the attorney. The Complainant must serve all official correspondence on the designated representative of the Department and shall notify the Department of any changes of the representative and Complainant's address.
(f) The Complainant shall at all times be responsible for proceeding with the complaint and cooperating in the entire EEO complaint process, whether or not the Complainant has designated a representative.
(g) Witnesses who are Federal employees, regardless of their tour of duty and regardless of whether they are employed by the Department or some other Federal agency, shall be in a duty status when their presence is authorized or required by EEOC or Department officials in connection with an EEO complaint.
Sec. 7.33 Contents of the complaint.
(a) Information to be included in complaint. (1) The complaint filed should include the following information: (i) The specific claim or personnel matter which is alleged to be discriminatory;
(ii) The date the act or matter occurred;
(iii) The protected basis or bases on which the alleged discrimination occurred;
(iv) Facts and other pertinent information to support the claim(s) of discrimination; and
(v) The relief desired.
(2) To expedite the processing of complaints of discrimination, the Complainant may use the HUD EEO1 Complaint Form to file the complaint. (b) Amendments. (1) A Complainant may amend a complaint at any time prior to the conclusion of the
investigation to include issues or claims like or related to those raised in the complaint. After requesting a hearing, a Complainant may file a motion with the EEOC Administrative Judge to amend a complaint to include issues or claims like or related to those raised in the complaint.
(2) The Department shall acknowledge receipt of a complaint or an amendment to a complaint in writing and inform the Complainant of the date on which the complaint or amendment was filed. The Department shall advise the Complainant in the acknowledgment of the EEOC office and its address where a request for a hearing shall be sent. Such acknowledgment shall also advise the Complainant that:
(i) The Complainant has the right to appeal the dismissal of or final action on a complaint; and
(ii) The Department is required to conduct an impartial and appropriate investigation of the complaint within 180 days of the filing of the complaint unless the parties agree in writing to extend the time period. When a complaint has been amended, the Department shall complete its investigation within the earlier of 180 days after the last amendment to the complaint or 360 days after the filing of the original complaint, except that the Complainant may request a hearing from an EEOC Administrative Judge on the consolidated complaints any time after 180 days from the date of the first filed complaint. (c) Joint processing and consolidation. (1) Complaints of discrimination filed by two or more Complainants consisting of substantially similar allegations of discrimination or relating to the same matter may be consolidated by the Department or the EEOC for joint processing after appropriate notification to the parties.
(2) Two or more complaints of discrimination filed by the same Complainant shall be consolidated by the Department for joint processing after appropriate notification to the Complainant. When a complaint has been consolidated with one or more earlier filed complaints, the Department shall complete its investigation within the earlier of 180 days after the filing of the last complaint or 360 days after the filing of the original complaint, except that the Complainant may request a hearing from an EEOC Administrative Judge on the consolidated complaints any time after 180 days from the date of the first filed complaint.
(3) EEOC Administrative Judges or the EEOC may, in their discretion, consolidate two or more complaints of discrimination filed by the same Complainant.
(d) Class complaints(1) Definitions. (i) A class is a group of employees, former employees or applicants for employment who, it is alleged, have been or are being adversely affected by the Department's personnel management policy or practice that discriminates against the group on the basis of their common race, color, religion, sex, national origin, age, disability, or in reprisal for participating in protected EEO activity or for opposing a practice made illegal under the EEO statutes.
(ii) A class complaint is a written complaint of discrimination filed on behalf of a class by the agent of the class that satisfies the requirements of 29 CFR 1614.204.
(2) Precomplaint processing. A current or former employee or applicant who wishes to file a class complaint must be counseled in accordance with 29 CFR 1614.105. A Complainant may move for class certification at any reasonable point in the process when it becomes apparent that there are class implications to the claim raised in an individual complaint. If a Complainant moves for class certification after completing the counseling process in 29 CFR 1614.105, no additional counseling is required. Class certification shall be denied by the EEOC Administrative Judge, when the Complainant has unduly delayed in moving for certification.
(3) Certification. Class complaints are certified by an EEOC Administrative Judge in accordance with the provisions of 29 CFR 1614.204.
(e) Mixed case complaints.(1) Definitions. A mixed case complaint is a complaint of employment discrimination filed with a Federal agency based on race, color, religion, sex, national origin, age, disability, or in reprisal for participating in protected EEO activity or for opposing a policy or practice made illegal by the EEO statutes, related to or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB). The complaint may contain only a claim of employment discrimination or the complaint may contain additional claims that the MSPB has jurisdiction to address.
(2) Election. An aggrieved person may initially file a mixed case complaint with the Department pursuant to this section or an appeal on the same matter with the MSPB pursuant to 5 CFR 1201.151, but not both. The Department shall inform every employee who is the subject of an action that is appealable to the MSPB and who has either orally or in writing raised the issue of discrimination during the processing of the action of the right to file either a mixed case complaint with the Department or to file a mixed case appeal with the MSPB. If a person files a mixed case appeal with the MSPB instead of a mixed case complaint and the MSPB dismisses the appeal for jurisdictional reasons, the Department shall promptly notify the individual in writing of the right to contact an EEO counselor within 45 days of receipt of this notice and to file an EEO complaint, subject to 29 CFR 1614.107. (3) Procedures for agency processing of mixed case complaints. When a complainant elects to proceed initially under 29 CFR part 1614, subpart C, rather than with the MSPB, the procedures in 29 CFR part 1614, subpart A, shall govern the processing of the mixed case complaint with the following exceptions:
(i) At the time the Department advises a Complainant of the acceptance of a mixed case complaint, the Department shall also advise the Complainant that:
(A) If a final decision is not issued within 120 days of the date of filing of the mixed case complaint, the Complainant may appeal the matter to the MSPB at any time thereafter as specified at 5 CFR 1201.154(b)(2) or may file a civil action as specified at 29 CFR 1614.310(g), but not both; and
(B) If the Complainant is dissatisfied with the Department's final decision on the mixed case complaint, the Complainant may appeal the matter to MSPB (not EEOC) within 30 days of receipt of the Department's final decision;
(ii) Upon completion of the investigation, the notice provided the Complainant in accordance with 29 CFR 1614.108(f) will advise the Complainant that a final decision will be issued within 45 days without a hearing; and
(iii) At the time that the Department issues its final decision on a mixed case complaint, the Department shall advise the Complainant of the right to appeal the matter to the MSPB (not EEOC) within 30 days of receipt and of the right to file a civil action as provided at 29 CFR 1614.310(a).
(4) Dismissal. (i) The Department may dismiss a mixed case complaint for the reasons provided in, and under the conditions prescribed in 29 CFR 1614.107. If MSPB's Administrative Judge finds that MSPB does not have jurisdiction over the matter, the Department shall resume processing of the complaint as a nonmixed case EEO complaint.
Sec. 7.34 Acceptability.
(a) The Director of EEO shall determine whether a complaint comes within the purview of 29 CFR part 1614 and shall advise the Complainant and Complainant's representative, if applicable, in writing of the acceptance or dismissal of the claims(s) of the complaint. The Notice of Receipt is provided to the Complainant, Complainant's
representative, if applicable, and to the organizational unit through the appropriate EEO Officer and DCM.
(b) Dismissals of complaints are governed by the notice requirements and procedures in 29 CFR 1614.106(e)(1) and 29 CFR 1614.107.
(c) Prior to a request for a hearing in a case, the Department shall dismiss an entire complaint for any of the reasons provided in 29 CFR 1614.107(a)(1) through (9), including a complaint that alleges dissatisfaction with the processing of a previously filed complaint; or where the Department, strictly applying the criteria in EEOC decisions, finds that the complaint is part of a clear pattern of misuse of the EEO process for a purpose other than the prevention and elimination of employment discrimination. A clear pattern of misuse of the EEO process requires:
(i) Evidence of multiple complaint filings; and
(ii) Claims that are similar or identical, lack specificity or involve matters previously resolved; or
(iii) Evidence of circumventing other administrative processes, retaliating against the Department's inhouse administrative processes or overburdening the EEO complaint system.
(d) Where the Director of EEO believes that some, but not all, of the claims in a complaint should be dismissed for the reasons provided in Sec. 7.34 and 29 CFR 1614.107(a)(1) through (9), the Department shall notify the Complainant in writing of its determination, the rationale for that determination and that those claims will not be investigated, and shall place a copy of the notice in the investigative file. A determination under 29 CFR 1614.107(b)(1) that some claims should be dismissed is reviewable by an EEOC Administrative Judge if a hearing is requested on the remainder of the complaint, but is not appealable until final action is taken on the remainder of the complaint.
Sec. 7.35 Processing.
(a) The Director of EEO will process complaints filed under 29 CFR part 1614 for the Department with the assistance of the EEO Officer, DCM, the EEO Counselor and the full cooperation of all other Department managers, supervisors and other employees.
(b) The Director of EEO shall, in accordance with 29 CFR part 1614, provide for the development of an impartial and appropriate factual record upon which to make findings on the claims raised by the written complaint. An appropriate factual record is one that allows a reasonable fact finder to draw conclusions as to whether discrimination occurred. The person assigned to develop the factual record may use an exchange of letters or memoranda, interrogatories, investigations, factfinding conferences or any other factfinding methods that efficiently and thoroughly address the matters at issue and is encouraged, in accordance with 29 CFR 1614.108(b), to incorporate ADR techniques into the investigative efforts in order to promote early resolution of complaints.
(c) The Director of EEO will provide the Complainant and Complainant's representative, if applicable, and the EEO Officer a copy of the record developed. Within 180 days from the filing of the complaint, or where a complaint was amended, within the earlier of 180 days after the last amendment to the complaint or 360 days after the filing of the original complaint, within the time period contained in an order from the Office of Federal Operations on an appeal from a dismissal, or within any period of extension provided for in 29 CFR 1614.108(f), the Department shall provide the Complainant with a copy of the investigative file, and shall notify the Complainant that, within 30 days of receipt of the investigative file, the Complainant has the right to request a hearing and decision from an EEOC Administrative Judge or may request an immediate final decision pursuant to 29 CFR 1614.110 from the Department.
Sec. 7.36 Hearing.
(a) Notification of right to request a hearing. The Director of EEO will notify the Complainant, the General Counsel, EEO Officer, DCM and Complainant's representative, where applicable, of the Complainant's right to request an administrative hearing and decision before the EEOC or the Department's final decision and the time frames for executing the right to request an administrative hearing. Note: Where a mixed case complaint is filed, the Complainant has no right to a hearing before an EEOC Administrative Judge unless the MSPB has dismissed the mixed case complaint or appeal for jurisdictional reasons. (See 29 CFR 1614.302(b)
FOR FURTHER INFORMATION CONTACT
William C. King, Director, Office of Departmental Equal Employment Opportunity, Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410, (202) 7085921. (This telephone number is not tollfree.) Persons with hearing or speech impairments may access this number via TTY by contacting the Federal Information Relay Service at 18008778339.