cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
52 rows where part_number = 1614 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 29:29:4.1.4.1.13.1.26.1 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.101 General policy. | EEOC | [89 FR 11171, Feb. 14, 2024] | (a) It is the policy of the Government of the United States to provide equal opportunity in employment for all persons, to prohibit discrimination in employment because of race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions; and to promote the full realization of equal employment opportunity through a continuing affirmative program in each agency. (b) No person shall be subject to retaliation for opposing any practice made unlawful by title VII of the Civil Rights Act (title VII) (42 U.S.C. 2000e et seq. ), the Age Discrimination in Employment Act (ADEA) (29 U.S.C. 621 et seq. ), the Equal Pay Act (29 U.S.C. 206(d)), the Rehabilitation Act (29 U.S.C. 791 et seq. ), the Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. 2000ff et seq. ), or the Pregnant Workers Fairness Act (PWFA) (42 U.S.C. 2000gg et seq. ) or for participating in any stage of administrative or judicial proceedings under those statutes. | ||||
| 29:29:4.1.4.1.13.1.26.10 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.110 Final action by agencies. | EEOC | [64 FR 37657, July 12, 1999, as amended at 88 FR 57881, Aug. 24, 2023] | (a) Final action by an agency following a decision by an administrative judge. When an administrative judge has issued a decision under § 1614.109(b), (g) or (i), the agency shall take final action on the complaint by issuing a final order within 40 days of receipt of the hearing file and the administrative judge's decision. The final order shall notify the complainant whether or not the agency will fully implement the decision of the administrative judge and shall contain notice of the complainant's right to appeal to the Equal Employment Opportunity Commission, the right to file a civil action in federal district court, the name of the proper defendant in any such lawsuit and the applicable time limits for appeals and lawsuits. If the final order does not fully implement the decision of the administrative judge, then the agency shall simultaneously file an appeal in accordance with § 1614.403 and append a copy of the appeal to the final order. A copy of EEOC Form 573 shall be attached to the final order. (b) Final action by an agency in all other circumstances. When an agency dismisses an entire complaint under § 1614.107, receives a request for an immediate final decision or does not receive a reply to the notice issued under § 1614.108(f), the agency shall take final action by issuing a final decision. The final decision shall consist of findings by the agency on the merits of each issue in the complaint, or, as appropriate, the rationale for dismissing any claims in the complaint and, when discrimination is found, appropriate remedies and relief in accordance with subpart E of this part. The agency shall issue the final decision within 60 days of receiving notification that a complainant has requested an immediate decision from the agency, or within 60 days of the end of the 30-day period for the complainant to request a hearing or an immediate final decision where the complainant has not requested either a hearing or a decision. The final action shall contain notice of the right to appeal the final act… | ||||
| 29:29:4.1.4.1.13.1.26.2 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.102 Agency program. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37655, July 12, 1999; 67 FR 35735, May 21, 2002; 74 FR 63984, Dec. 7, 2009; 77 FR 43504, July 25, 2012; 89 FR 11171, Feb. 14, 2024] | (a) Each agency shall maintain a continuing affirmative program to promote equal opportunity and to identify and eliminate discriminatory practices and policies. In support of this program, the agency shall: (1) Provide sufficient resources to its equal employment opportunity program to ensure efficient and successful operation; (2) Provide for the prompt, fair and impartial processing of complaints in accordance with this part and the instructions contained in the Commission's Management Directives; (3) Conduct a continuing campaign to eradicate every form of prejudice or discrimination from the agency's personnel policies, practices and working conditions; (4) Communicate the agency's equal employment opportunity policy and program and its employment needs to all sources of job candidates without regard to race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions; and solicit their recruitment assistance on a continuing basis; (5) Review, evaluate and control managerial and supervisory performance in such a manner as to insure a continuing affirmative application and vigorous enforcement of the policy of equal opportunity, and provide orientation, training and advice to managers and supervisors to assure their understanding and implementation of the equal employment opportunity policy and program; (6) Take appropriate disciplinary action against employees who engage in discriminatory practices; (7) Make reasonable accommodation to the religious needs of applicants and employees when those accommodations can be made without undue hardship on the business of the agency; (8) Make reasonable accommodation to the known physical or mental limitations of qualified applicants and employees with handicaps unless the accommodation would impose an undue hardship on the operation of the agency's program; (9) Provide recognition to employees, supervisors, managers and units demonstrating superior accomplishment in equal employment oppo… | ||||
| 29:29:4.1.4.1.13.1.26.3 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.103 Complaints of discrimination covered by this part. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37655, July 12, 1999; 74 FR 63984, Dec. 7, 2009; 77 FR 43504, July 25, 2012; 89 FR 11171, Feb. 14, 2024] | (a) Individual and class complaints of employment discrimination and retaliation prohibited by title VII (discrimination on the basis of race, color, religion, sex and national origin), the ADEA (discrimination on the basis of age when the aggrieved individual is at least 40 years of age), the Rehabilitation Act (discrimination on the basis of disability), the Equal Pay Act (sex-based wage discrimination), GINA (discrimination on the basis of genetic information), or the PWFA (discrimination on the basis of pregnancy, childbirth, or related medical conditions) shall be processed in accordance with this part. Complaints alleging retaliation prohibited by these statutes are considered to be complaints of discrimination for purposes of this part. (b) This part applies to: (1) Military departments as defined in 5 U.S.C. 102; (2) Executive agencies as defined in 5 U.S.C. 105; (3) The United States Postal Service, Postal Rate Commission and Tennessee Valley Authority; (4) All units of the judicial branch of the Federal government having positions in the competitive service, except for complaints under the Rehabilitation Act; (5) The National Oceanic and Atmospheric Administration Commissioned Corps; (6) The Government Printing Office except for complaints under the Rehabilitation Act; and (7) The Smithsonian Institution. (c) Within the covered departments, agencies and units, this part applies to all employees and applicants for employment, and to all employment policies or practices affecting employees or applicants for employment including employees and applicants who are paid from nonappropriated funds, unless otherwise excluded. (d) This part does not apply to: (1) Uniformed members of the military departments referred to in paragraph (b)(1) of this section: (2) Employees of the General Accounting Office; (3) Employees of the Library of Congress; (4) Aliens employed in positions, or who apply for positions, located outside the limits of the United States; or (5) Equal Pay Act complaints of employees … | ||||
| 29:29:4.1.4.1.13.1.26.4 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.104 Agency processing. | EEOC | (a) Each agency subject to this part shall adopt procedures for processing individual and class complaints of discrimination that include the provisions contained in §§ 1614.105 through 1614.110 and in § 1614.204, and that are consistent with all other applicable provisions of this part and the instructions for complaint processing contained in the Commission's Management Directives. (b) The Commission shall periodically review agency resources and procedures to ensure that an agency makes reasonable efforts to resolve complaints informally, to process complaints in a timely manner, to develop adequate factual records, to issue decisions that are consistent with acceptable legal standards, to explain the reasons for its decisions, and to give complainants adequate and timely notice of their rights. | |||||
| 29:29:4.1.4.1.13.1.26.5 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.105 Pre-complaint processing. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999; 74 FR 63984, Dec. 7, 2009; 89 FR 11171, Feb. 14, 2024] | (a) Aggrieved persons who believe they have been discriminated against on the basis of race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions must consult a Counselor prior to filing a complaint in order to try to informally resolve the matter. (1) An aggrieved person must initiate contact with a Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action. (2) The agency or the Commission shall extend the 45-day time limit in paragraph (a)(1) of this section when the individual shows that he or she was not notified of the time limits and was not otherwise aware of them, that he or she did not know and reasonably should not have been known that the discriminatory matter or personnel action occurred, that despite due diligence he or she was prevented by circumstances beyond his or her control from contacting the counselor within the time limits, or for other reasons considered sufficient by the agency or the Commission. (b)(1) At the initial counseling session, Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing or an immediate final decision after an investigation by the agency in accordance with § 1614.108(f), election rights pursuant to §§ 1614.301 and 1614.302, the right to file a notice of intent to sue pursuant to § 1614.201(a) and a lawsuit under the ADEA instead of an administrative complaint of age discrimination under this part, the duty to mitigate damages, administrative and court time frames, and that only the claims raised in precomplaint counseling (or issues or claims like or related to issues or claims raised in pre-complaint counseling) may be alleged in a subsequent complaint filed with the agency. Counselors must advise individuals of their duty to keep the agency and Commission informed of their current address and to serve copies … | ||||
| 29:29:4.1.4.1.13.1.26.6 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.106 Individual complaints. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999] | (a) A complaint must be filed with the agency that allegedly discriminated against the complainant. (b) A complaint must be filed within 15 days of receipt of the notice required by § 1614.105 (d), (e) or (f). (c) A complaint must contain a signed statement from the person claiming to be aggrieved or that person's attorney. This statement must be sufficiently precise to identify the aggrieved individual and the agency and to describe generally the action(s) or practice(s) that form the basis of the complaint. The complaint must also contain a telephone number and address where the complainant or the representative can be contacted. (d) 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 administrative judge to amend a complaint to include issues or claims like or related to those raised in the complaint. (e) The agency 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 agency 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: (1) The complainant has the right to appeal the final action on or dismissal of a complaint; and (2) The agency 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 agency 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 administrative judge on the consolidated complaints any time after 180 days from … | ||||
| 29:29:4.1.4.1.13.1.26.7 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.107 Dismissals of complaints. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999; 77 FR 43504, July 25, 2012] | (a) Prior to a request for a hearing in a case, the agency shall dismiss an entire complaint: (1) That fails to state a claim under § 1614.103 or § 1614.106(a) or states the same claim that is pending before or has been decided by the agency or Commission; (2) That fails to comply with the applicable time limits contained in §§ 1614.105, 1614.106 and 1614.204(c), unless the agency extends the time limits in accordance with § 1614.604(c), or that raises a matter that has not been brought to the attention of a Counselor and is not like or related to a matter that has been brought to the attention of a Counselor; (3) That is the basis of a pending civil action in a United States District Court in which the complainant is a party provided that at least 180 days have passed since the filing of the administrative complaint, or that was the basis of a civil action decided by a United States District Court in which the complainant was a party; (4) Where the complainant has raised the matter in a negotiated grievance procedure that permits allegations of discrimination or in an appeal to the Merit Systems Protection Board and § 1614.301 or § 1614.302 indicates that the complainant has elected to pursue the non-EEO process; (5) That is moot or alleges that a proposal to take a personnel action, or other preliminary step to taking a personnel action, is discriminatory, unless the complaint alleges that the proposal or preliminary step is retaliatory; (6) Where the complainant cannot be located, provided that reasonable efforts have been made to locate the complainant and the complainant has not responded within 15 days to a notice of proposed dismissal sent to his or her last known address; (7) Where the agency has provided the complainant with a written request to provide relevant information or otherwise proceed with the complaint, and the complainant has failed to respond to the request within 15 days of its receipt or the complainant's response does not address the agency's request, provided that the request incl… | ||||
| 29:29:4.1.4.1.13.1.26.8 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.108 Investigation of complaints. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999; 77 FR 43505, July 25, 2012; 88 FR 57881, Aug. 24, 2023] | (a) The investigation of complaints shall be conducted by the agency against which the complaint has been filed. (b) In accordance with instructions contained in Commission Management Directives, the agency shall develop 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. Agencies may use an exchange of letters or memoranda, interrogatories, investigations, fact-finding conferences or any other fact-finding methods that efficiently and thoroughly address the matters at issue. Agencies are encouraged to incorporate alternative dispute resolution techniques into their investigative efforts in order to promote early resolution of complaints. (c) The procedures in paragraphs (c) (1) through (3) of this section apply to the investigation of complaints: (1) The complainant, the agency, and any employee of a Federal agency shall produce such documentary and testimonial evidence as the investigator deems necessary. (2) Investigators are authorized to administer oaths. Statements of witnesses shall be made under oath or affirmation or, alternatively, by written statement under penalty of perjury. (3) When the complainant, or the agency against which a complaint is filed, or its employees fail without good cause shown to respond fully and in timely fashion to requests for documents, records, comparative data, statistics, affidavits, or the attendance of witness(es), the investigator may note in the investigative record that the decisionmaker should, or the Commission on appeal may, in appropriate circumstances: (i) Draw an adverse inference that the requested information, or the testimony of the requested witness, would have reflected unfavorably on the party refusing to provide the requested information; (ii) Consider the matters to which the requested information or testimony pertains to be established in favor of the… | ||||
| 29:29:4.1.4.1.13.1.26.9 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | A | Subpart A—Agency Program To Promote Equal Employment Opportunity | § 1614.109 Hearings. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37657, July 12, 1999; 77 FR 43505, July 25, 2012; 88 FR 57881, Aug. 24, 2023] | (a) When a complainant requests a hearing, the Commission shall appoint an administrative judge to conduct a hearing in accordance with this section. Upon appointment, the administrative judge shall assume full responsibility for the adjudication of the complaint, including overseeing the development of the record. Any hearing will be conducted by an administrative judge or hearing examiner with appropriate security clearances. (b) Dismissals. Administrative judges may dismiss complaints pursuant to § 1614.107, on their own initiative, after notice to the parties, or upon an agency's motion to dismiss a complaint. (c) Offer of resolution. (1) Any time after the filing of the written complaint but not later than the date an administrative judge is appointed to conduct a hearing, the agency may make an offer of resolution to a complainant who is represented by an attorney. (2) Any time after the parties have received notice that an administrative judge has been appointed to conduct a hearing, but not later than 30 days prior to the hearing, the agency may make an offer of resolution to the complainant, whether represented by an attorney or not. (3) The offer of resolution shall be in writing and shall include a notice explaining the possible consequences of failing to accept the offer. The agency's offer, to be effective, must include attorney's fees and costs and must specify any non-monetary relief. With regard to monetary relief, an agency may make a lump sum offer covering all forms of monetary liability, or it may itemize the amounts and types of monetary relief being offered. The complainant shall have 30 days from receipt of the offer of resolution to accept it. If the complainant fails to accept an offer of resolution and the relief awarded in the administrative judge's decision, the agency's final decision, or the Commission decision on appeal is not more favorable than the offer, then, except where the interest of justice would not be served, the complainant shall not receive payment from the agen… | ||||
| 29:29:4.1.4.1.13.2.26.1 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | B | Subpart B—Provisions Applicable to Particular Complaints | § 1614.201 Age Discrimination in Employment Act. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37658, July 12, 1999; 74 FR 3430, Jan. 21, 2009; 85 FR 35561, June 11, 2020] | (a) As an alternative to filing a complaint under this part, an aggrieved individual may file a civil action in a United States district court under the ADEA against the head of an alleged discriminating agency after giving the Commission not less than 30 days' notice of the intent to file such an action. Such notice must be filed in writing with EEOC, at P.O. Box 77960, Washington, DC 20013, or by personal delivery or facsimile within 180 days of the occurrence of the alleged unlawful practice. (b) The Commission may exempt a position from the provisions of the ADEA if the Commission establishes a maximum age requirement for the position on the basis of a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position. | ||||
| 29:29:4.1.4.1.13.2.26.2 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | B | Subpart B—Provisions Applicable to Particular Complaints | § 1614.202 Equal Pay Act. | EEOC | (a) In its enforcement of the Equal Pay Act, the Commission has the authority to investigate an agency's employment practices on its own initiative at any time in order to determine compliance with the provisions of the Act. The Commission will provide notice to the agency that it will be initiating an investigation. (b) Complaints alleging violations of the Equal Pay Act shall be processed under this part. | |||||
| 29:29:4.1.4.1.13.2.26.3 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | B | Subpart B—Provisions Applicable to Particular Complaints | § 1614.203 Rehabilitation Act. | EEOC | [82 FR 677, Jan. 3, 2017] | (a) Definitions. The following definitions apply for purposes of this section: (1) The term ADA means title I of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 through 12117), title V of the Americans with Disabilities Act, as amended (42 U.S.C. 12201 through 12213), as it applies to employment, and the regulations of the Equal Employment Opportunity Commission implementing titles I and V of the ADA at part 1630 of this chapter. (2) The term disability means disability as defined under § 1630.2(g) through (l) of this chapter. (3) The term hiring authority that takes disability into account means a hiring authority that permits an agency to consider disability status during the hiring process, including the hiring authority for individuals with intellectual disabilities, severe physical disabilities, or psychiatric disabilities, as set forth at 5 CFR 213.3102(u); the Veterans' Recruitment Appointment authority, as set forth at 5 CFR part 307; and the 30% or More Disabled Veteran authority, as set forth at 5 CFR 316.302(b)(4), 316.402(b)(4). (4) The term personal assistance service provider means an employee or independent contractor whose primary job functions include provision of personal assistance services. (5) The term personal assistance services means assistance with performing activities of daily living that an individual would typically perform if he or she did not have a disability, and that is not otherwise required as a reasonable accommodation, including, for example, assistance with removing and putting on clothing, eating, and using the restroom. (6) The term Plan means an affirmative action plan for the hiring, placement, and advancement of individuals with disabilities, as required under 29 U.S.C. 791(b). (7) The term Schedule A hiring authority for persons with certain disabilities means the hiring authority for individuals with intellectual disabilities, severe physical disabilities, or psychiatric disabilities, as set forth at 5 CFR 213.3102(u). … | ||||
| 29:29:4.1.4.1.13.2.26.4 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | B | Subpart B—Provisions Applicable to Particular Complaints | § 1614.204 Class complaints. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37658, July 12, 1999; 74 FR 63984, Dec. 7, 2009; 77 FR 43505, July 25, 2012; 88 FR 57881, Aug. 24, 2023; 89 FR 11171, Feb. 14, 2024] | (a) Definitions. (1) 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 an agency personnel management policy or practice that discriminates against the group on the basis of their race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions. (2) A class complaint is a written complaint of discrimination filed on behalf of a class by the agent of the class alleging that: (i) The class is so numerous that a consolidated complaint of the members of the class is impractical; (ii) There are questions of fact common to the class; (iii) The claims of the agent of the class are typical of the claims of the class; (iv) The agent of the class, or, if represented, the representative, will fairly and adequately protect the interests of the class. (3) An agent of the class is a class member who acts for the class during the processing of the class complaint. (b) Pre-complaint processing. An employee or applicant who wishes to file a class complaint must seek counseling and be counseled in accordance with § 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 contained in § 1614.105, no additional counseling is required. The administrative judge shall deny class certification when the complainant has unduly delayed in moving for certification. (c) Filing and presentation of a class complaint. (1) A class complaint must be signed by the agent or representative and must identify the policy or practice adversely affecting the class as well as the specific action or matter affecting the class agent. (2) The complaint must be filed with the agency that allegedly discriminated not later than 15 days after the a… | ||||
| 29:29:4.1.4.1.13.3.26.1 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.301 Relationship to negotiated grievance procedure. | EEOC | (a) When a person is employed by an agency subject to 5 U.S.C. 7121(d) and is covered by a collective bargaining agreement that permits allegations of discrimination to be raised in a negotiated grievance procedure, a person wishing to file a complaint or a grievance on a matter of alleged employment discrimination must elect to raise the matter under either part 1614 or the negotiated grievance procedure, but not both. An election to proceed under this part is indicated only by the filing of a written complaint; use of the pre-complaint process as described in § 1614.105 does not constitute an election for purposes of this section. An aggrieved employee who files a complaint under this part may not thereafter file a grievance on the same matter. An election to proceed under a negotiated grievance procedure is indicated by the filing of a timely written grievance. An aggrieved employee who files a grievance with an agency whose negotiated agreement permits the acceptance of grievances which allege discrimination may not thereafter file a complaint on the same matter under this part 1614 irrespective of whether the agency has informed the individual of the need to elect or of whether the grievance has raised an issue of discrimination. Any such complaint filed after a grievance has been filed on the same matter shall be dismissed without prejudice to the complainant's right to proceed through the negotiated grievance procedure including the right to appeal to the Commission from a final decision as provided in subpart D of this part. The dismissal of such a complaint shall advise the complainant of the obligation to raise discrimination in the grievance process and of the right to appeal the final grievance decision to the Commission. (b) When a person is not covered by a collective bargaining agreement that permits allegations of discrimination to be raised in a negotiated grievance procedure, allegations of discrimination shall be processed as complaints under this part. (c) When a person is employed by an age… | |||||
| 29:29:4.1.4.1.13.3.26.10 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.310 Right to file a civil action. | EEOC | An individual who has a complaint processed pursuant to 5 CFR part 1201, subpart E or this subpart is authorized by 5 U.S.C. 7702 to file a civil action in an appropriate United States District Court: (a) Within 30 days of receipt of a final decision issued by an agency on a complaint unless an appeal is filed with the MSPB; or (b) Within 30 days of receipt of notice of the final decision or action taken by the MSPB if the individual does not file a petition for consideration with the EEOC; or (c) Within 30 days of receipt of notice that the Commission has determined not to consider the decision of the MSPB; or (d) Within 30 days of receipt of notice that the Commission concurs with the decision of the MSPB; or (e) If the Commission issues a decision different from the decision of the MSPB, within 30 days of receipt of notice that the MSPB concurs in and adopts in whole the decision of the Commission; or (f) If the MSPB does not concur with the decision of the Commission and reaffirms its initial decision or reaffirms its initial decision with a revision, within 30 days of the receipt of notice of the decision of the Special Panel; or (g) After 120 days from the date of filing a formal complaint if there is no final action or appeal to the MSPB; or (h) After 120 days from the date of filing an appeal with the MSPB if the MSPB has not yet made a decision; or (i) After 180 days from the date of filing a petition for consideration with Commission if there is no decision by the Commission, reconsideration decision by the MSPB or decision by the Special Panel. | |||||
| 29:29:4.1.4.1.13.3.26.2 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.302 Mixed case complaints. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 61 FR 17576, Apr. 22, 1996; 64 FR 37659, July 12, 1999; 74 FR 63984, Dec. 7, 2009; 77 FR 43505, July 25, 2012; 89 FR 11171, Feb. 14, 2024] | (a) Definitions —(1) Mixed case complaint. 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; genetic information; or pregnancy, childbirth, or related medical conditions related to or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB). The complaint may contain only an allegation of employment discrimination or it may contain additional allegations that the MSPB has jurisdiction to address. (2) Mixed case appeals. A mixed case appeal is an appeal filed with the MSPB that alleges that an appealable agency action was effected, in whole or in part, because of discrimination on the basis of race; color; religion; sex; national origin; disability; age; genetic information; or pregnancy, childbirth, or related medical conditions. (b) Election. An aggrieved person may initially file a mixed case complaint with an agency pursuant to this part or an appeal on the same matter with the MSPB pursuant to 5 CFR 1201.151, but not both. An agency 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 agency or to file a mixed case appeal with the MSPB. The person shall be advised that he or she may not initially file both a mixed case complaint and an appeal on the same matter and that whichever is filed first shall be considered an election to proceed in that forum. 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 agency 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 § 1614.107. The date on which the person filed his or her appeal with MSPB … | ||||
| 29:29:4.1.4.1.13.3.26.3 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.303 Petitions to the EEOC from MSPB decisions on mixed case appeals and complaints. | EEOC | [74 FR 3430, Jan. 21, 2009, as amended at 77 FR 51470, Aug. 24, 2012] | (a) Who may file. Individuals who have received a final decision from the MSPB on a mixed case appeal or on the appeal of a final decision on a mixed case complaint under 5 CFR part 1201, subpart E and 5 U.S.C. 7702 may petition EEOC to consider that decision. The EEOC will not accept appeals from MSPB dismissals without prejudice. (b) Method of filing. Filing shall be made by certified mail, return receipt requested, to the Office of Federal Operations, Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC 20013. (c) Time to file. A petition must be filed with the Commission either within 30 days of receipt of the final decision of the MSPB or within 30 days of when the decision of a MSPB field office becomes final. (d) Service. The petition for review must be served upon all individuals and parties on the MSPB's service list by certified mail on or before the filing with the Commission, and the Clerk of the Board, MSPB, 1615 M Street, NW., Washington, DC 20419, and the petitioner must certify as to the date and method of service. | ||||
| 29:29:4.1.4.1.13.3.26.4 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.304 Contents of petition. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 74 FR 63984, Dec. 7, 2009; 89 FR 11171, Feb. 14, 2024] | (a) Form. Petitions must be written or typed, but may use any format including a simple letter format. Petitioners are encouraged to use EEOC Form 573, Notice Of Appeal/Petition. (b) Contents. Petitions must contain the following: (1) The name and address of the petitioner; (2) The name and address of the petitioner's representative, if any; (3) A statement of the reasons why the decision of the MSPB is alleged to be incorrect, in whole or in part, only with regard to issues of discrimination based on race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions; (4) A copy of the decision issued by the MSPB; and (5) The signature of the petitioner or representative, if any. | ||||
| 29:29:4.1.4.1.13.3.26.5 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.305 Consideration procedures. | EEOC | (a) Once a petition is filed, the Commission will examine it and determine whether the Commission will consider the decision of the MSPB. An agency may oppose the petition, either on the basis that the Commission should not consider the MSPB's decision or that the Commission should concur in the MSPB's decision, by filing any such argument with the Office of Federal Operations and serving a copy on the petitioner within 15 days of receipt by the Commission. (b) The Commission shall determine whether to consider the decision of the MSPB within 30 days of receipt of the petition by the Commission's Office of Federal Operations. A determination of the Commission not to consider the decision shall not be used as evidence with respect to any issue of discrimination in any judicial proceeding concerning that issue. (c) If the Commission makes a determination to consider the decision, the Commission shall within 60 days of the date of its determination, consider the entire record of the proceedings of the MSPB and on the basis of the evidentiary record before the Board as supplemented in accordance with paragraph (d) of this section, either: (1) Concur in the decision of the MSPB; or (2) Issue in writing a decision that differs from the decision of the MSPB to the extent that the Commission finds that, as a matter of law: (i) The decision of the MSPB constitutes an incorrect interpretation of any provision of any law, rule, regulation, or policy directive referred to in 5 U.S.C. 7702(a)(1)(B); or (ii) The decision involving such provision is not supported by the evidence in the record as a whole. (d) In considering any decision of the MSPB, the Commission, pursuant to 5 U.S.C. 7702(b)(4), may refer the case to the MSPB for the taking of additional evidence within such period as permits the Commission to make a decision within the 60-day period prescribed or provide on its own for the taking of additional evidence to the extent the Commission considers it necessary to supplement the record. (e) Where the EEOC has… | |||||
| 29:29:4.1.4.1.13.3.26.6 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.306 Referral of case to Special Panel. | EEOC | If the MSPB reaffirms its decision under 5 CFR 1201.162(a)(2) with or without modification, the matter shall be immediately certified to the Special Panel established pursuant to 5 U.S.C. 7702(d). Upon certification, the Board shall, within five days (excluding Saturdays, Sundays, and Federal holidays), transmit to the Chairman of the Special Panel and to the Chairman of the EEOC the administrative record in the proceeding including— (a) The factual record compiled under this section, which shall include a transcript of any hearing(s); (b) The decisions issued by the Board and the Commission under 5 U.S.C. 7702; and (c) A transcript of oral arguments made, or legal brief(s) filed, before the Board and the Commission. | |||||
| 29:29:4.1.4.1.13.3.26.7 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.307 Organization of Special Panel. | EEOC | (a) The Special Panel is composed of: (1) A Chairman appointed by the President with the advice and consent of the Senate, and whose term is 6 years; (2) One member of the MSPB designated by the Chairman of the Board each time a panel is convened; and (3) One member of the EEOC designated by the Chairman of the Commission each time a panel is convened. (b) Designation of Special Panel member —(1) Time of designation. Within five days of certification of the case to the Special Panel, the Chairman of the MSPB and the Chairman of the EEOC shall each designate one member from their respective agencies to serve on the Special Panel. (2) Manner of designation. Letters of designation shall be served on the Chairman of the Special Panel and the parties to the appeal. | |||||
| 29:29:4.1.4.1.13.3.26.8 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.308 Practices and procedures of the Special Panel. | EEOC | (a) Scope. The rules in this subpart apply to proceedings before the Special Panel. (b) Suspension of rules in this subpart. In the interest of expediting a decision, or for good cause shown, the Chairman of the Special Panel may, except where the rule in this subpart is required by statute, suspend the rules in this subpart on application of a party, or on his or her own motion, and may order proceedings in accordance with his or her direction. (c) Time limit for proceedings. Pursuant to 5 U.S.C. 7702(d)(2)(A), the Special Panel shall issue a decision within 45 days of the matter being certified to it. (d) Administrative assistance to Special Panel. (1) The MSPB and the EEOC shall provide the Panel with such reasonable and necessary administrative resources as determined by the Chairman of the Special Panel. (2) Assistance shall include, but is not limited to, processing vouchers for pay and travel expenses. (3) The Board and the EEOC shall be responsible for all administrative costs incurred by the Special Panel and, to the extent practicable, shall equally divide the costs of providing such administrative assistance. The Chairman of the Special Panel shall resolve the manner in which costs are divided in the event of a disagreement between the Board and the EEOC. (e) Maintenance of the official record. The Board shall maintain the official record. The Board shall transmit two copies of each submission filed to each member of the Special Panel in an expeditious manner. (f) Filing and service of pleadings. (1) The parties shall file the original and six copies of all submissions with the Clerk, Merit Systems Protection Board, 1120 Vermont Avenue, NW., Washington, DC 20419. One copy of each submission shall be served on the other parties. (2) A certificate of service specifying how and when service was made must accompany all submissions of the parties. (3) Service may be by mail or by personal delivery during normal business hours (8:15 a.m.-4:45 p.m.). Due to the short statutory time limit,… | |||||
| 29:29:4.1.4.1.13.3.26.9 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | C | Subpart C—Related Processes | § 1614.309 Enforcement of Special Panel decision. | EEOC | The Board shall, upon receipt of the decision of the Special Panel, order the agency concerned to take any action appropriate to carry out the decision of the Panel. The Board's regulations regarding enforcement of a final order of the Board shall apply. These regulations are set out at 5 CFR part 1201, subpart E. | |||||
| 29:29:4.1.4.1.13.4.26.1 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.401 Appeals to the Commission. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999; 77 FR 43505, July 25, 2012] | (a) A complainant may appeal an agency's final action or dismissal of a complaint. (b) An agency may appeal as provided in § 1614.110(a). (c) A class agent or an agency may appeal an administrative judge's decision accepting or dismissing all or part of a class complaint; a class agent may appeal an agency's final action or an agency may appeal an administrative judge's decision on a class complaint; a class member may appeal a final decision on a claim for individual relief under a class complaint; and a class member, a class agent or an agency may appeal a final decision on a petition pursuant to § 1614.204(g)(4). (d) A grievant may appeal the final decision of the agency, the arbitrator or the Federal Labor Relations Authority (FLRA) on the grievance when an issue of employment discrimination was raised in a negotiated grievance procedure that permits such issues to be raised. A grievant may not appeal under this part, however, when the matter initially raised in the negotiated grievance procedure is still ongoing in that process, is in arbitration, is before the FLRA, is appealable to the MSPB or if 5 U.S.C. 7121(d) is inapplicable to the involved agency. (e) A complainant, agent or individual class claimant may appeal to the Commission an agency's alleged noncompliance with a settlement agreement or final decision in accordance with § 1614.504. | ||||
| 29:29:4.1.4.1.13.4.26.2 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.402 Time for appeals to the Commission. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999; 77 FR 43505, July 25, 2012] | (a) Appeals described in § 1614.401(a) and (c) must be filed within 30 days of receipt of the dismissal, final action or decision. Appeals described in § 1614.401(b) must be filed within 40 days of receipt of the hearing file and decision. Appeals described in § 1614.401(d) must be filed within 30 days of receipt of the final decision of the agency, the arbitrator or the Federal Labor Relations Authority. Where a complainant has notified the EEO Director of alleged noncompliance with a settlement agreement in accordance with § 1614.504, the complainant may file an appeal 35 days after service of the allegations of noncompliance, but no later than 30 days after receipt of an agency's determination. (b) If the complainant is represented by an attorney of record, then the 30-day time period provided in paragraph (a) of this section within which to appeal shall be calculated from the receipt of the required document by the attorney. In all other instances, the time within which to appeal shall be calculated from the receipt of the required document by the complainant. | ||||
| 29:29:4.1.4.1.13.4.26.3 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.403 How to appeal. | EEOC | [64 FR 37659, July 12, 1999, as amended at 74 FR 3430, Jan. 21, 2009; 77 FR 43505, July 25, 2012; 88 FR 57881, Aug. 24, 2023] | (a) The complainant, agency, agent, grievant or individual class claimant (hereinafter appellant) must file an appeal with the Director, Office of Federal Operations, Equal Employment Opportunity Commission, at P.O. Box 77960, Washington, DC 20013, or electronically, by email, or through FedSEP or the EEOC's Public Portal, as applicable, or by personal delivery or facsimile. The appellant should use EEOC Form 573, Notice of Appeal/Petition, and should indicate what is being appealed. (b) The appellant shall furnish a copy of the appeal to the opposing party at the same time it is filed with the Commission. In or attached to the appeal to the Commission, the appellant must certify the date and method by which service was made on the opposing party. (c) If an appellant does not file an appeal within the time limits of this subpart, the appeal shall be dismissed by the Commission as untimely. (d) Any statement or brief on behalf of a complainant in support of the appeal must be submitted to the Office of Federal Operations within 30 days of filing the notice of appeal. Any statement or brief on behalf of the agency in support of its appeal must be submitted to the Office of Federal Operations within 20 days of filing the notice of appeal. The Office of Federal Operations will accept statements or briefs in support of an appeal by facsimile transmittal, provided they are no more than 10 pages long. (e) The agency must submit the complaint file to the Office of Federal Operations within 30 days of initial notification that the complainant has filed an appeal or within 30 days of submission of an appeal by the agency. (f) Any statement or brief in opposition to an appeal must be submitted to the Commission and served on the opposing party within 30 days of receipt of the statement or brief supporting the appeal, or, if no statement or brief supporting the appeal is filed, within 60 days of receipt of the appeal. The Office of Federal Operations will accept statements or briefs in opposition to an appeal by facsimi… | ||||
| 29:29:4.1.4.1.13.4.26.4 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.404 Appellate procedure. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999] | (a) On behalf of the Commission, the Office of Federal Operations shall review the complaint file and all written statements and briefs from either party. The Commission may supplement the record by an exchange of letters or memoranda, investigation, remand to the agency or other procedures. (b) If the Office of Federal Operations requests information from one or both of the parties to supplement the record, each party providing information shall send a copy of the information to the other party. (c) When either party to an appeal fails without good cause shown to comply with the requirements of this section or to respond fully and in timely fashion to requests for information, the Office of Federal Operations shall, in appropriate circumstances: (1) Draw an adverse inference that the requested information would have reflected unfavorably on the party refusing to provide the requested information; (2) Consider the matters to which the requested information or testimony pertains to be established in favor of the opposing party; (3) Issue a decision fully or partially in favor of the opposing party; or (4) Take such other actions as appropriate. | ||||
| 29:29:4.1.4.1.13.4.26.5 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.405 Decisions on appeals. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999; 77 FR 43505, July 25, 2012; 88 FR 57881, Aug. 24, 2023] | (a) The Office of Federal Operations, on behalf of the Commission, shall issue a written decision setting forth its reasons for the decision. The Commission shall dismiss appeals in accordance with §§ 1614.107, 1614.403(c) and 1614.409. The decision shall be based on the preponderance of the evidence. The decision on an appeal from an agency's final action shall be based on a de novo review, except that the review of the factual findings in a decision by an administrative judge issued pursuant to § 1614.109(i) shall be based on a substantial evidence standard of review. If the decision contains a finding of discrimination, appropriate remedy(ies) shall be included and, where appropriate, the entitlement to interest, attorney's fees or costs shall be indicated. The decision shall reflect the date of its issuance, inform the complainant of his or her civil action rights, and be transmitted to the complainant and the agency. For complainants who are not registered with the EEOC Public Portal, the decision will be transmitted by first class mail. For complainants who are registered with the Public Portal, the decision will be transmitted via the Portal provided the complainant affirmatively consents to receive the decision through the Portal. For registered complainants who do not provide affirmative consent, and for complainants who affirmatively consent but subsequently notify the Commission that they withdraw their consent, the decision will be transmitted by first class mail. The Commission will transmit the decision to the agency via FedSEP. (b) The Office of Federal Operations, on behalf of the Commission, shall issue decisions on appeals of decisions to accept or dismiss a class complaint issued pursuant to § 1614.204(d)(7) within 90 days of receipt of the appeal. (c) A decision issued under paragraph (a) of this section is final within the meaning of § 1614.407 unless a timely request for reconsideration is filed by a party to the case. A party may request reconsideration within 30 days of receipt of a deci… | ||||
| 29:29:4.1.4.1.13.4.26.6 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.406 Time limits. [Reserved] | EEOC | ||||||
| 29:29:4.1.4.1.13.4.26.7 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.407 Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act. | EEOC | [57 FR 12646, Apr. 10, 1992. Redesignated and amended at 64 FR 37659, July 12, 1999; 85 FR 35561, June 11, 2020; 89 FR 11171, Feb. 14, 2024] | A complainant who has filed an individual complaint, an agent who has filed a class complaint or a claimant who has filed a claim for individual relief pursuant to a class complaint is authorized under title VII, the ADEA, the Rehabilitation Act, Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act to file a civil action in an appropriate United States District Court: (a) Within 90 days of receipt of the agency final action on an individual or class complaint; (b) After 180 days from the date of filing an individual or class complaint if agency final action has not been taken; (c) Within 90 days of receipt of the Commission's final decision on an appeal; or (d) After 180 days from the date of filing an appeal with the Commission if there has been no final decision by the Commission. (e) After filing an appeal with the Commission from an agency final action, the complainant, class agent, or class claimant may withdraw the appeal and file a civil action within 90 days of receipt of the agency final action. If the complainant, class agent, or class claimant files an appeal with the Commission from a final agency action and more than 90 days have passed since receipt of the agency final action, the appellant may file a civil action only in accordance with paragraph (c) or (d) of this section. (f) After filing a request for reconsideration of a Commission decision on an appeal, the complainant, class agent, or class claimant may withdraw the request and file a civil action within 90 days of receipt of the Commission's decision on the appeal. If the complainant, class agent, or class claimant files a request for reconsideration of a Commission decision on an appeal and more than 90 days have passed since the appellant received the Commission's decision on the appeal, the appellant may file a civil action only in accordance with paragraph (c) or (d) of this section. (g) A complainant, class agent, or class claimant who follows the procedures described in paragraph (e) or (f) of this se… | ||||
| 29:29:4.1.4.1.13.4.26.8 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.408 Civil action: Equal Pay Act. | EEOC | [57 FR 12646, Apr. 10, 1992. Redesignated at 64 FR 37659, July 12, 1999] | A complainant is authorized under section 16(b) of the Fair Labor Standards Act (29 U.S.C. 216(b)) to file a civil action in a court of competent jurisdiction within two years or, if the violation is willful, three years of the date of the alleged violation of the Equal Pay Act regardless of whether he or she pursued any administrative complaint processing. Recovery of back wages is limited to two years prior to the date of filing suit, or to three years if the violation is deemed willful; liquidated damages in an equal amount may also be awarded. The filing of a complaint or appeal under this part shall not toll the time for filing a civil action. | ||||
| 29:29:4.1.4.1.13.4.26.9 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | D | Subpart D—Appeals and Civil Actions | § 1614.409 Effect of filing a civil action. | EEOC | [85 FR 35562, June 11, 2020] | Filing a civil action under § 1614.407 or § 1614.408 shall terminate Commission processing of the appeal. A Commission decision on an appeal issued after a complainant files suit in district court will not be enforceable by the Commission. If private suit is filed subsequent to the filing of an appeal and prior to a final Commission decision, the complainant should notify the Commission in writing. | ||||
| 29:29:4.1.4.1.13.5.26.1 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | E | Subpart E—Remedies and Enforcement | § 1614.501 Remedies and relief. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 60 FR 43372, Aug. 21, 1995; 64 FR 37659, July 12, 1999] | (a) When an agency, or the Commission, in an individual case of discrimination, finds that an applicant or an employee has been discriminated against, the agency shall provide full relief which shall include the following elements in appropriate circumstances: (1) Notification to all employees of the agency in the affected facility of their right to be free of unlawful discrimination and assurance that the particular types of discrimination found will not recur; (2) Commitment that corrective, curative or preventive action will be taken, or measures adopted, to ensure that violations of the law similar to those found will not recur; (3) An unconditional offer to each identified victim of discrimination of placement in the position the person would have occupied but for the discrimination suffered by that person, or a substantially equivalent position; (4) Payment to each identified victim of discrimination on a make whole basis for any loss of earnings the person may have suffered as a result of the discrimination; and (5) Commitment that the agency shall cease from engaging in the specific unlawful employment practice found in the case. (b) Relief for an applicant. (1)(i) When an agency, or the Commission, finds that an applicant for employment has been discriminated against, the agency shall offer the applicant the position that the applicant would have occupied absent discrimination or, if justified by the circumstances, a substantially equivalent position unless clear and convincing evidence indicates that the applicant would not have been selected even absent the discrimination. The offer shall be made in writing. The individual shall have 15 days from receipt of the offer within which to accept or decline the offer. Failure to accept the offer within the 15-day period will be considered a declination of the offer, unless the individual can show that circumstances beyond his or her control prevented a response within the time limit. (ii) If the offer is accepted, appointment shall be retroactive to … | ||||
| 29:29:4.1.4.1.13.5.26.2 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | E | Subpart E—Remedies and Enforcement | § 1614.502 Compliance with final Commission decisions. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37660, July 12, 1999; 77 FR 43506, July 25, 2012] | (a) Relief ordered in a final Commission decision is mandatory and binding on the agency except as provided in this section. Failure to implement ordered relief shall be subject to judicial enforcement as specified in § 1614.503(g). (b) Notwithstanding paragraph (a) of this section, when the agency requests reconsideration and the case involves removal, separation, or suspension continuing beyond the date of the request for reconsideration, and when the decision orders retroactive restoration, the agency shall comply with the decision to the extent of the temporary or conditional restoration of the employee to duty status in the position specified by the Commission, pending the outcome of the agency request for reconsideration. (1) Service under the temporary or conditional restoration provisions of this paragraph (b) shall be credited toward the completion of a probationary or trial period, eligibility for a within-grade increase, or the completion of the service requirement for career tenure, if the Commission upholds its decision after reconsideration. (2) When the agency requests reconsideration, it may delay the payment of any amounts ordered to be paid to the complainant until after the request for reconsideration is resolved. If the agency delays payment of any amount pending the outcome of the request to reconsider and the resolution of the request requires the agency to make the payment, then the agency shall pay interest from the date of the original appellate decision until payment is made. (3) The agency shall notify the Commission and the employee in writing at the same time it requests reconsideration that the relief it provides is temporary or conditional and, if applicable, that it will delay the payment of any amounts owed but will pay interest as specified in paragraph (b)(2) of this section. Failure of the agency to provide notification will result in the dismissal of the agency's request. (c) When no request for reconsideration is filed or when a request for reconsideration is denied, the… | ||||
| 29:29:4.1.4.1.13.5.26.3 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | E | Subpart E—Remedies and Enforcement | § 1614.503 Enforcement of final Commission decisions. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 89 FR 11172, Feb. 14, 2024] | (a) Petition for enforcement. A complainant may petition the Commission for enforcement of a decision issued under the Commission's appellate jurisdiction. The petition shall be submitted to the Office of Federal Operations. The petition shall specifically set forth the reasons that lead the complainant to believe that the agency is not complying with the decision. (b) Compliance. On behalf of the Commission, the Office of Federal Operations shall take all necessary action to ascertain whether the agency is implementing the decision of the Commission. If the agency is found not to be in compliance with the decision, efforts shall be undertaken to obtain compliance. (c) Clarification. On behalf of the Commission, the Office of Federal Operations may, on its own motion or in response to a petition for enforcement or in connection with a timely request for reconsideration, issue a clarification of a prior decision. A clarification cannot change the result of a prior decision or enlarge or diminish the relief ordered but may further explain the meaning or intent of the prior decision. (d) Referral to the Commission. Where the Director, Office of Federal Operations, is unable to obtain satisfactory compliance with the final decision, the Director shall submit appropriate findings and recommendations for enforcement to the Commission, or, as directed by the Commission, refer the matter to another appropriate agency. (e) Commission notice to show cause. The Commission may issue a notice to the head of any Federal agency that has failed to comply with a decision to show cause why there is noncompliance. Such notice may request the head of the agency or a representative to appear before the Commission or to respond to the notice in writing with adequate evidence of compliance or with compelling reasons for non-compliance. (f) Certification to the Office of Special Counsel. Where appropriate and pursuant to the terms of a memorandum of understanding, the Commission may refer the matter to the Office of Spe… | ||||
| 29:29:4.1.4.1.13.5.26.4 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | E | Subpart E—Remedies and Enforcement | § 1614.504 Compliance with settlement agreements and final action. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37660, July 12, 1999; 77 FR 43506, July 25, 2012] | (a) Any settlement agreement knowingly and voluntarily agreed to by the parties, reached at any stage of the complaint process, shall be binding on both parties. Final action that has not been the subject of an appeal or civil action shall be binding on the agency. If the complainant believes that the agency has failed to comply with the terms of a settlement agreement or decision, the complainant shall notify the EEO Director, in writing, of the alleged noncompliance within 30 days of when the complainant knew or should have known of the alleged noncompliance. The complainant may request that the terms of settlement agreement be specifically implemented or, alternatively, that the complaint be reinstated for further processing from the point processing ceased. (b) The agency shall resolve the matter and respond to the complainant, in writing. If the agency has not responded to the complainant, in writing, or if the complainant is not satisfied with the agency's attempt to resolve the matter, the complainant may appeal to the Commission for a determination as to whether the agency has complied with the terms of the settlement agreement or decision. The complainant may file such an appeal 35 days after he or she has served the agency with the allegations of noncompliance, but must file an appeal within 30 days of his or her receipt of an agency's determination. The complainant must serve a copy of the appeal on the agency and the agency may submit a response to the Commission within 30 days of receiving notice of the appeal. (c) Prior to rendering its determination, the Commission may request that parties submit whatever additional information or documentation it deems necessary or may direct that an investigation or hearing on the matter be conducted. If the Commission determines that the agency is not in compliance with a decision or settlement agreement, and the noncompliance is not attributable to acts or conduct of the complainant, it may order such compliance with the decision or settlement agreement, or, … | ||||
| 29:29:4.1.4.1.13.5.26.5 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | E | Subpart E—Remedies and Enforcement | § 1614.505 Interim relief. | EEOC | [64 FR 37660, July 12, 1999, as amended at 85 FR 35562, June 11, 2020] | (a)(1) When the agency appeals and the case involves removal, separation, or suspension continuing beyond the date of the appeal, and when the administrative judge's decision orders retroactive restoration, the agency shall comply with the decision to the extent of the temporary or conditional restoration of the employee to duty status in the position specified in the decision, pending the outcome of the agency appeal. The employee may decline the offer of interim relief. (2) Service under the temporary or conditional restoration provisions of paragraph (a)(1) of this section shall be credited toward the completion of a probationary or trial period, eligibility for a within-grade increase, or the completion of the service requirement for career tenure, if the Commission upholds the decision on appeal. Such service shall not be credited toward the completion of any applicable probationary or trial period or the completion of the service requirement for career tenure if the Commission reverses the decision on appeal. (3) When the agency appeals, it may delay the payment of any amount, other than prospective pay and benefits, ordered to be paid to the complainant until after the appeal is resolved. If the agency delays payment of any amount pending the outcome of the appeal and the resolution of the appeal requires the agency to make the payment, then the agency shall pay interest from the date of the original decision until payment is made. (4) The agency shall notify the Commission and the employee in writing at the same time it appeals that the relief it provides is temporary or conditional and, if applicable, that it will delay the payment of any amounts owed but will pay interest as specified in paragraph (a)(3) of this section. Failure of the agency to provide notification will result in the dismissal of the agency's appeal. (5) The agency may, by notice to the complainant, decline to return the complainant to his or her place of employment if it determines that the return or presence of the complainant wi… | ||||
| 29:29:4.1.4.1.13.6.26.1 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | F | Subpart F—Matters of General Applicability | § 1614.601 EEO group statistics. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 74 FR 63984, Dec. 7, 2009; 82 FR 681, Jan. 3, 2017] | (a) Each agency shall establish a system to collect and maintain accurate employment information on the race, national origin, sex and disability of its employees. (b) Data on race, national origin and sex shall be collected by voluntary self-identification. If an employee does not voluntarily provide the requested information, the agency shall advise the employee of the importance of the data and of the agency's obligation to report it. If the employee still refuses to provide the information, the agency must make visual identification and inform the employee of the data it will be reporting. If an agency believes that information provided by an employee is inaccurate, the agency shall advise the employee about the solely statistical purpose for which the data is being collected, the need for accuracy, the agency's recognition of the sensitivity of the information and the existence of procedures to prevent its unauthorized disclosure. If, thereafter, the employee declines to change the apparently inaccurate self-identification, the agency must accept it. (c) The information collected under paragraph (b) of this section shall be disclosed only in the form of gross statistics. An agency shall not collect or maintain any information on the race, national origin or sex of individual employees except when an automated data processing system is used in accordance with standards and requirements prescribed by the Commission to insure individual privacy and the separation of that information from personnel record. (d) Each system is subject to the following controls: (1) Only those categories of race and national origin prescribed by the Commission may be used; (2) Only the specific procedures for the collection and maintenance of data that are prescribed or approved by the Commission may be used; (3) The Commission shall review the operation of the agency system to insure adherence to Commission procedures and requirements. An agency may make an exception to the prescribed procedures and requirements only with th… | ||||
| 29:29:4.1.4.1.13.6.26.2 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | F | Subpart F—Matters of General Applicability | § 1614.602 Reports to the Commission. | EEOC | (a) Each agency shall report to the Commission information concerning pre-complaint counseling and the status, processing and disposition of complaints under this part at such times and in such manner as the Commission prescribes. (b) Each agency shall advise the Commission whenever it is served with a Federal court complaint based upon a complaint that is pending on appeal at the Commission. (c) Each agency shall submit annually for the review and approval of the Commission written national and regional equal employment opportunity plans of action. Plans shall be submitted in a format prescribed by the Commission and shall include, but not be limited to: (1) Provision for the establishment of training and education programs designed to provide maximum opportunity for employees to advance so as to perform at their highest potential; (2) Description of the qualifications, in terms of training and experience relating to equal employment opportunity, of the principal and operating officials concerned with administration of the agency's equal employment opportunity program; and (3) Description of the allocation of personnel and resources proposed by the agency to carry out its equal employment opportunity program. | |||||
| 29:29:4.1.4.1.13.6.26.3 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | F | Subpart F—Matters of General Applicability | § 1614.603 Voluntary settlement attempts. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37661, July 12, 1999] | Each agency shall make reasonable efforts to voluntarily settle complaints of discrimination as early as possible in, and throughout, the administrative processing of complaints, including the pre-complaint counseling stage. Any settlement reached shall be in writing and signed by both parties and shall identify the claims resolved. | ||||
| 29:29:4.1.4.1.13.6.26.4 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | F | Subpart F—Matters of General Applicability | § 1614.604 Filing and computation of time. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37661, July 12, 1999; 88 FR 57881, Aug. 24, 2023] | (a) All time periods in this part that are stated in terms of days are calendar days unless otherwise stated. (b) A document shall be deemed timely if it is received or postmarked before the expiration of the applicable filing period, or, in the absence of a legible postmark, if it is received by mail within five days of the expiration of the applicable filing period. (c) A hearing request, appeal, brief, or other document filed by a complainant using the EEOC Public Portal, or filed by an agency using FedSEP, shall be deemed filed on the date the document is uploaded to the Public Portal or FedSEP. The timeliness of documents submitted through the Public Portal and FedSEP will be determined based on the time zone from which the document was submitted. (d) An EEOC decision that is transmitted to a complainant through the Public Portal or by email shall be deemed to be received when the decision is accessed on the Portal or when received if transmitted via email, or within five days of when the decision is uploaded to the Portal or emailed, whichever occurs first. (e) For the purposes of §§ 1614.108, 1614.109, 1614.204(i), and 1614.401 through 1614.405, the terms accept, file, filed, filing, issue, issuance, issuing, notify, notified, receive, receipt, send, serve, served, service, submit, submission, submitted, transmit, and transmitted, shall include digital transmissions made through FedSEP, the EEOC Public Portal, or by email. (f) The time limits in this part are subject to waiver, estoppel and equitable tolling. (g) 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 it falls on a Saturday, Sunday or Federal holiday, in which case the period shall be extended to include the next business day. | ||||
| 29:29:4.1.4.1.13.6.26.5 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | F | Subpart F—Matters of General Applicability | § 1614.605 Representation and official time. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37661, July 12, 1999] | (a) At any stage in the processing of a complaint, including the counseling stage § 1614.105, the complainant shall have the right to be accompanied, represented, and advised by a representative of complainant's choice. (b) If the complainant is an employee of the agency, he or she shall have a reasonable amount of official time, if otherwise on duty, to prepare the complaint and to respond to agency and EEOC requests for information. If the complainant is an employee of the agency and he designates another employee of the agency as his or her representative, the representative shall have a reasonable amount of official time, if otherwise on duty, to prepare the complaint and respond to agency and EEOC requests for information. The agency 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 representative, if employed by the agency 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 agency or the Commission during the investigation, informal adjustment, or hearing on the complaint. (c) In cases where the representation of a complainant or agency would conflict with the official or collateral duties of the representative, the Commission or the agency may, after giving the representative an opportunity to respond, disqualify the representative. (d) Unless the complainant states otherwise in writing, after the agency 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 a… | ||||
| 29:29:4.1.4.1.13.6.26.6 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | F | Subpart F—Matters of General Applicability | § 1614.606 Joint processing and consolidation of complaints. | EEOC | [64 FR 37661, July 12, 1999] | 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 agency or the Commission for joint processing after appropriate notification to the parties. Two or more complaints of discrimination filed by the same complainant shall be consolidated by the agency for joint processing after appropriate notification to the complainant. When a complaint has been consolidated with one or more earlier filed complaints, the agency 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 administrative judge on the consolidated complaints any time after 180 days from the date of the first filed complaint. Administrative judges or the Commission may, in their discretion, consolidate two or more complaints of discrimination filed by the same complainant. | ||||
| 29:29:4.1.4.1.13.6.26.7 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | F | Subpart F—Matters of General Applicability | § 1614.607 Delegation of authority. | EEOC | An agency head may delegate authority under this part, to one or more designees. | |||||
| 29:29:4.1.4.1.13.7.26.1 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | G | Subpart G—Procedures Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) | § 1614.701 Purpose and scope. | EEOC | This subpart implements Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Pub. L. 107-174. It sets forth the basic responsibilities of Federal agencies and the Commission to post certain information on their public Web sites. | |||||
| 29:29:4.1.4.1.13.7.26.2 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | G | Subpart G—Procedures Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) | § 1614.702 Definitions. | EEOC | [57 FR 12646, Apr. 10, 1992, as amended at 74 FR 63984, Dec. 7, 2009; 89 FR 11172, Feb. 14, 2024] | The following definitions apply for purposes of this subpart. (a) The term Federal agency or agency means an Executive agency (as defined in 5 U.S.C. 105), the United States Postal Service, and the Postal Rate Commission. (b) The term Commission means the Equal Employment Opportunity Commission and any subdivision thereof authorized to act on its behalf. (c) The term investigation refers to the step of the federal sector EEO process described in 29 CFR 1614.108 and 1614.106(e)(2) and, for purposes of this subpart, it commences when the complaint is filed and ceases when the complainant is given notice under § 1614.108(f) of the right to request a hearing or to receive an immediate final decision without a hearing. (d) The term hearing refers to the step of the federal sector EEO process described in 29 CFR 1614.109 and, for purposes of § 1614.704(l)(2)(ii), it commences on the date the agency is informed by the complainant or EEOC, whichever occurs first, that the complainant has requested a hearing and ends on the date the agency receives from the EEOC notice that the EEOC Administrative Judge (AJ) is returning the case to the agency to take final action. For all other purposes under this subpart, a hearing commences when the AJ receives the complaint file from the agency and ceases when the AJ returns the case to the agency to take final action. (e) For purposes of § 1614.704(i), (j), and (k) the phrase without a hearing refers to a final action by an agency that is rendered: (1) When an agency does not receive a reply to a notice issued under § 1614.108(f); (2) After a complainant requests an immediate final decision; (3) After a complainant withdraws a request for a hearing; and (4) After an administrative judge cancels a hearing and remands the matter to the agency. (f) For purposes of § 1614.704(i), (j), and (k), the term after a hearing refers to a final action by an agency that is rendered following a decision by an administrative judge under § 1614.109(f)(3)(iv), (g) or (i). (g) Th… | ||||
| 29:29:4.1.4.1.13.7.26.3 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | G | Subpart G—Procedures Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) | § 1614.703 Manner and format of data. | EEOC | (a) Agencies shall post their statistical data in the following two formats: Portable Document Format (PDF); and an accessible text format that complies with section 508 of the Rehabilitation Act. (b) Agencies shall prominently post the date they last updated the statistical information on the Web site location containing the statistical data. (c) In addition to providing aggregate agency-wide data, an agency shall include separate data for each subordinate component. Such data shall be identified as pertaining to the particular subordinate component. (d) Data posted under this subpart will be titled “Equal Employment Opportunity Data Posted Pursuant to Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Pub. L. 107-174,” and a hyperlink to the data, entitled “No FEAR Act Data” will be posted on the homepage of an agency's public Web site. In the case of agencies with subordinate components, the data shall be made available by hyperlinks from the homepages of the Web sites (if any exist) of the subordinate components as well as the homepage of the Web site of the parent agency. (e) Agencies shall post cumulative data pursuant to § 1614.704 for the current fiscal year. Agencies may not post separate quarterly statistics for the current fiscal year. (f) Data posted pursuant to § 1614.704 by agencies having 100 or more employees, and all subordinate component data posted pursuant to subsection 1614.703(c), shall be presented in the manner and order set forth in the template EEOC has placed for this purpose on its public Web site. (1) Cumulative quarterly and fiscal year data shall appear in vertical columns. The oldest fiscal year data shall be listed first, reading left to right, with the other fiscal years appearing in the adjacent columns in chronological order. The current cumulative quarterly or year-end data shall appear in the last, or far-right, column. (2) The categories of data as set forth in § 1614.704(a) through (m) of this subpart shal… | |||||
| 29:29:4.1.4.1.13.7.26.4 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | G | Subpart G—Procedures Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) | § 1614.704 Information to be posted—all Federal agencies. | EEOC | Commencing on January 31, 2004 and thereafter no later than 30 days after the end of each fiscal quarter beginning on or after January 1, 2004, each Federal agency shall post the following current fiscal year statistics on its public Internet Web site regarding EEO complaints filed under 29 CFR part 1614. (a) The number of complaints filed in such fiscal year. (b) The number of individuals filing those complaints (including as the agent of a class). (c) The number of individuals who filed two or more of those complaints. (d) The number of those complaints, whether initially or through amendment, raising each of the various bases of alleged discrimination and the number of complaints in which a non-EEO basis is alleged. (e) The number of those complaints, whether initially or through amendment, raising each of the various issues of alleged discrimination. (f) The average length of time it has taken an agency to complete, respectively, investigation and final action by an agency for: (1) All complaints pending for any length of time during such fiscal year; (2) All complaints pending for any length of time during such fiscal year in which a hearing was not requested; and (3) All complaints pending for any length of time during such fiscal year in which a hearing was requested. (g) The number of complaints dismissed by an agency pursuant to 29 CFR 1614.107(a), and the average length of time such complaints had been pending prior to dismissal. (h) The number of complaints withdrawn by complainants. (i)(1) The total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination and, of that number, (2) The number and percentage that were rendered without a hearing, and (3) The number and percentage that were rendered after a hearing. (j) Of the total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination, (1) The number and percentage of those based on each respective basis, (2) The number and percentage for each… | |||||
| 29:29:4.1.4.1.13.7.26.5 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | G | Subpart G—Procedures Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) | § 1614.705 Comparative data—all Federal agencies. | EEOC | Commencing on January 31, 2004 and no later than January 31 of each year thereafter, each Federal agency shall post year-end data corresponding to that required to be posted by § 1614.704 for each of the five immediately preceding fiscal years (or, if not available for all five fiscal years, for however many of those five fiscal years for which data are available). For each category of data, the agency shall post a separate figure for each fiscal year. | |||||
| 29:29:4.1.4.1.13.7.26.6 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | G | Subpart G—Procedures Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) | § 1614.706 Other data. | EEOC | Agencies shall not include or otherwise post with the data required to be posted under § 1614.704 and 1614.705 of this subpart any other data, whether or not EEO related, but may post such other data on another, separate, Web page. | |||||
| 29:29:4.1.4.1.13.7.26.7 | 29 | Labor | XIV | 1614 | PART 1614—FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY | G | Subpart G—Procedures Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) | § 1614.707 Data to be posted by EEOC. | EEOC | (a) Commencing on January 31, 2004 and thereafter no later than 30 days after the end of each fiscal quarter beginning on or after January 1, 2004, the Commission shall post the following current fiscal year statistics on its public Internet Web site regarding hearings requested under this part 1614. (1) The number of hearings requested in such fiscal year. (2) The number of individuals filing those requests. (3) The number of individuals who filed two or more of those requests. (4) The number of those hearing requests involving each of the various bases of alleged discrimination. (5) The number of those hearing requests involving each of the various issues of alleged discrimination. (6) The average length of time it has taken EEOC to complete the hearing step for all cases pending at the hearing step for any length of time during such fiscal year. (7)(i) The total number of administrative judge (AJ) decisions rendered in such fiscal year involving a finding of discrimination and, of that number, (ii) The number and percentage that were rendered without a hearing, and (iii) The number and percentage that were rendered after a hearing. (8) Of the total number of AJ decisions rendered in such fiscal year involving a finding of discrimination, (i) The number and percentage of those based on each respective basis, (ii) The number and percentage for each respective basis that were rendered without a hearing, and (iii) The number and percentage for each respective basis that were rendered after a hearing. (9) Of the total number of AJ decisions rendered in such fiscal year involving a finding of discrimination, (i) The number and percentage for each respective issue, (ii) The number and percentage for each respective issue that were rendered without a hearing, and (iii) The number and percentage for each respective issue that were rendered after a hearing. (10) Of the total number of hearing requests pending for any length of time in such fiscal year, (i) The number that were first filed before the s… |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);