29 CFR Part 1614 (from eCFR)

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eCFR :: 29 CFR Part 1614 -- Federal Sector Equal Employment Opportunity

Displaying title 29, up to date as of 11/08/2021. Title 29 was last amended 11/05/2021.

ENHANCED CONTENT - TABLE OF CONTENTS

Part 1614
Federal Sector Equal Employment Opportunity
1614.101 – 1614.707
Subpart A Agency Program To Promote Equal Employment Opportunity
1614.101 – 1614.110
§ 1614.101 General policy.
§ 1614.102 Agency program.
§ 1614.103 Complaints of discrimination covered by this part.
§ 1614.104 Agency processing.
§ 1614.105 Pre-complaint processing.
§ 1614.106 Individual complaints.
§ 1614.107 Dismissals of complaints.
§ 1614.108 Investigation of complaints.
§ 1614.109 Hearings.
§ 1614.110 Final action by agencies.
Subpart B Provisions Applicable to Particular Complaints
1614.201 – 1614.204
§ 1614.201 Age Discrimination in Employment Act.
§ 1614.202 Equal Pay Act.
§ 1614.203 Rehabilitation Act.
§ 1614.204 Class complaints.
Subpart C Related Processes
1614.301 – 1614.310
§ 1614.301 Relationship to negotiated grievance procedure.
§ 1614.302 Mixed case complaints.
§ 1614.303 Petitions to the EEOC from MSPB decisions on mixed case appeals and complaints.
§ 1614.304 Contents of petition.
§ 1614.305 Consideration procedures.
§ 1614.306 Referral of case to Special Panel.
§ 1614.307 Organization of Special Panel.
§ 1614.308 Practices and procedures of the Special Panel.
§ 1614.309 Enforcement of Special Panel decision.
§ 1614.310 Right to file a civil action.
Subpart D Appeals and Civil Actions
1614.401 – 1614.409
§ 1614.401 Appeals to the Commission.
§ 1614.402 Time for appeals to the Commission.
§ 1614.403 How to appeal.
§ 1614.404 Appellate procedure.
§ 1614.405 Decisions on appeals.
§ 1614.406 Time limits. [Reserved]
§ 1614.407 Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, and Genetic
Information Nondiscrimination Act.
§ 1614.408 Civil action: Equal Pay Act.
§ 1614.409 Effect of filing a civil action.
Subpart E Remedies and Enforcement
1614.501 – 1614.505
§ 1614.501 Remedies and relief.
§ 1614.502 Compliance with final Commission decisions.
§ 1614.503 Enforcement of final Commission decisions.
§ 1614.504 Compliance with settlement agreements and final action.
§ 1614.505 Interim relief.
Subpart F Matters of General Applicability
1614.601 – 1614.607
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§ 1614.601 EEO group statistics.
§ 1614.602 Reports to the Commission.
§ 1614.603 Voluntary settlement attempts.
§ 1614.604 Filing and computation of time.
§ 1614.605 Representation and official time.
§ 1614.606 Joint processing and consolidation of complaints.
§ 1614.607 Delegation of authority.
Subpart G Procedures Under the Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2002 (No FEAR Act)
§ 1614.701 Purpose and scope.
§ 1614.702 Definitions.
§ 1614.703 Manner and format of data.
§ 1614.704 Information to be posted - all Federal agencies.
§ 1614.705 Comparative data - all Federal agencies.
§ 1614.706 Other data.
§ 1614.707 Data to be posted by EEOC.

1614.701 – 1614.707

Title 29
PART 1614 - FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY
Authority: 29 U.S.C. 206(d), 633a, 791 and 794a; 42 U.S.C. 2000e-16 and 2000ff-6(e); E.O. 10577, 3 CFR, 1954-1958 Comp., p.
218; E.O. 11222, 3 CFR, 1964-1965 Comp., p. 306; E.O. 11478, 3 CFR, 1969 Comp., p. 133; E.O. 12106, 3 CFR, 1978 Comp., p. 263;
Reorg. Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321.

Source: 57 FR 12646, Apr. 10, 1992, unless otherwise noted.

Subpart A - Agency Program To Promote Equal Employment Opportunity
§ 1614.101 General policy.
(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, or genetic
information 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.), or the Genetic Information Nondiscrimination Act
(GINA) (42 U.S.C. 2000ff et seq.) or for participating in any stage of administrative or judicial proceedings under those
statutes.
[74 FR 63984, Dec. 7, 2009]

§ 1614.102 Agency program.
(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;

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(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, or genetic
information, 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 opportunity;
(10) Establish a system for periodically evaluating the effectiveness of the agency's overall equal employment
opportunity effort;
(11) Provide the maximum feasible opportunity to employees to enhance their skills through on-the-job training, workstudy programs and other training measures so that they may perform at their highest potential and advance in
accordance with their abilities;
(12) Inform its employees and recognized labor organizations of the affirmative equal employment opportunity policy
and program and enlist their cooperation; and
(13) Participate at the community level with other employers, with schools and universities and with other public and
private groups in cooperative action to improve employment opportunities and community conditions that affect
employability.
(b) In order to implement its program, each agency shall:
(1) Develop the plans, procedures and regulations necessary to carry out its program;
(2) Establish or make available an alternative dispute resolution program. Such program must be available for both the
pre-complaint process and the formal complaint process.
(3) Appraise its personnel operations at regular intervals to assure their conformity with its program, this part 1614 and
the instructions contained in the Commission's management directives;
(4) Designate a Director of Equal Employment Opportunity (EEO Director), EEO Officer(s), and such Special Emphasis
Program Managers (e.g., People With Disabilities Program, Federal Women's Program and Hispanic Employment
Program), clerical and administrative support as may be necessary to carry out the functions described in this part
in all organizational units of the agency and at all agency installations. The EEO Director shall be under the
immediate supervision of the agency head;
(5) Make written materials available to all employees and applicants informing them of the variety of equal employment
opportunity programs and administrative and judicial remedial procedures available to them and prominently post
such written materials in all personnel and EEO offices and throughout the workplace;
(6) Ensure that full cooperation is provided by all agency employees to EEO Counselors and agency EEO personnel in
the processing and resolution of pre-complaint matters and complaints within an agency and that full cooperation
is provided to the Commission in the course of appeals, including granting the Commission routine access to
personnel records of the agency when required in connection with an investigation; and
(7) Publicize to all employees and post at all times the names, business telephone numbers and business addresses of
the EEO Counselors (unless the counseling function is centralized, in which case only the telephone number and
address need be publicized and posted), a notice of the time limits and necessity of contacting a Counselor before
filing a complaint and the telephone numbers and addresses of the EEO Director, EEO Officer(s) and Special
Emphasis Program Managers.
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(c) Under each agency program, the EEO Director shall be responsible for:
(1) Advising the head of the agency with respect to the preparation of national and regional equal employment
opportunity plans, procedures, regulations, reports and other matters pertaining to the policy in § 1614.101 and the
agency program;
(2) Evaluating from time to time the sufficiency of the total agency program for equal employment opportunity and
reporting to the head of the agency with recommendations as to any improvement or correction needed, including
remedial or disciplinary action with respect to managerial, supervisory or other employees who have failed in their
responsibilities;
(3) When authorized by the head of the agency, making changes in programs and procedures designed to eliminate
discriminatory practices and to improve the agency's program for equal employment opportunity;
(4) Providing for counseling of aggrieved individuals and for the receipt and processing of individual and class
complaints of discrimination; and
(5) Assuring that individual complaints are fairly and thoroughly investigated and that final action is taken in a timely
manner in accordance with this part.
(d) Directives, instructions, forms and other Commission materials referenced in this part may be obtained in accordance
with the provisions of 29 CFR 1610.7 of this chapter.
(e) Agency programs shall comply with this part and the Management Directives and Bulletins that the Commission issues.
The Commission will review agency programs from time to time to ascertain whether they are in compliance. If an
agency program is found not to be in compliance, efforts shall be undertaken to obtain compliance. If those efforts are
not successful, the Chair may issue a notice to the head of any federal agency whose programs are not in compliance
and publicly identify each non-compliant agency.
(f) Unless prohibited by law or executive order, the Commission, in its discretion and for good cause shown, may grant
agencies prospective variances from the complaint processing procedures prescribed in this Part. Variances will permit
agencies to conduct pilot projects of proposed changes to the complaint processing requirements of this Part that may
later be made permanent through regulatory change. Agencies requesting variances must identify the specific section(s)
of this Part from which they wish to deviate and exactly what they propose to do instead, explain the expected benefit
and expected effect on the process of the proposed pilot project, indicate the proposed duration of the pilot project, and
discuss the method by which they intend to evaluate the success of the pilot project. Variances will not be granted for
individual cases and will usually not be granted for more than 24 months. The Director of the Office of Federal Operations
for good cause shown may grant requests for extensions of variances for up to an additional 12 months. Pilot projects
must require that participants knowingly and voluntarily opt-in to the pilot project. Requests for variances should be
addressed to the Director, Office of Federal Operations.
[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]

§ 1614.103 Complaints of discrimination covered by this part.
(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), or GINA (discrimination on the basis of genetic information) 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
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(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 whose services are performed within a foreign country or certain United
States territories as provided in 29 U.S.C. 213(f).
[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]

§ 1614.104 Agency processing.
(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.

§ 1614.105 Pre-complaint processing.
(a) Aggrieved persons who believe they have been discriminated against on the basis of race, color, religion, sex, national
origin, age, disability, or genetic information 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 precomplaint 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
of appeal papers on the agency. The notice required by paragraphs (d) or (e) of this section shall include a notice of
the right to file a class complaint. If the aggrieved person informs the Counselor that he or she wishes to file a class
complaint, the Counselor shall explain the class complaint procedures and the responsibilities of a class agent.

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(2) Counselors shall advise aggrieved persons that, where the agency agrees to offer ADR in the particular case, they
may choose between participation in the alternative dispute resolution program and the counseling activities
provided for in paragraph (c) of this section.
(c) Counselors shall conduct counseling activities in accordance with instructions contained in Commission Management
Directives. When advised that a complaint has been filed by an aggrieved person, the Counselor shall submit a written
report within 15 days to the agency office that has been designated to accept complaints and the aggrieved person
concerning the issues discussed and actions taken during counseling.
(d) Unless the aggrieved person agrees to a longer counseling period under paragraph (e) of this section, or the aggrieved
person chooses an alternative dispute resolution procedure in accordance with paragraph (b)(2) of this section, the
Counselor shall conduct the final interview with the aggrieved person within 30 days of the date the aggrieved person
contacted the agency's EEO office to request counseling. If the matter has not been resolved, the aggrieved person shall
be informed in writing by the Counselor, not later than the thirtieth day after contacting the Counselor, of the right to file a
discrimination complaint. The notice shall inform the complainant 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 complainant's duty to
assure that the agency is informed immediately if the complainant retains counsel or a representative.
(e) Prior to the end of the 30-day period, the aggrieved person may agree in writing with the agency to postpone the final
interview and extend the counseling period for an additional period of no more than 60 days. If the matter has not been
resolved before the conclusion of the agreed extension, the notice described in paragraph (d) of this section shall be
issued.
(f) Where the aggrieved person chooses to participate in an alternative dispute resolution procedure in accordance with
paragraph (b)(2) of this section, the pre-complaint processing period shall be 90 days. If the claim has not been resolved
before the 90th day, the notice described in paragraph (d) of this section shall be issued.
(g) The Counselor shall not attempt in any way to restrain the aggrieved person from filing a complaint. The Counselor shall
not reveal the identity of an aggrieved person who consulted the Counselor, except when authorized to do so by the
aggrieved person, or until the agency has received a discrimination complaint under this part from that person involving
that same matter.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999; 74 FR 63984, Dec. 7, 2009]

§ 1614.106 Individual complaints.
(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 the date of the first filed
complaint.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999]
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§ 1614.107 Dismissals of complaints.
(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 included a notice of
the proposed dismissal. Instead of dismissing for failure to cooperate, the complaint may be adjudicated if
sufficient information for that purpose is available;
(8) That alleges dissatisfaction with the processing of a previously filed complaint; or
(9) Where the agency, strictly applying the criteria set forth in Commission 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) Allegations that are similar or identical, lack specificity or involve matters previously resolved; or
(iii) Evidence of circumventing other administrative processes, retaliating against the agency's in-house
administrative processes or overburdening the EEO complaint system.
(b) Where the agency believes that some but not all of the claims in a complaint should be dismissed for the reasons
contained in paragraphs (a)(1) through (9) of this section, the agency 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 this paragraph is reviewable by an 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.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999; 77 FR 43504, July 25, 2012]

§ 1614.108 Investigation of complaints.
(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.
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(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
opposing party;
(iii) Exclude other evidence offered by the party failing to produce the requested information or witness;
(iv) Issue a decision fully or partially in favor of the opposing party; or
(v) Take such other actions as it deems appropriate.
(d) Any investigation will be conducted by investigators with appropriate security clearances. The Commission will, upon
request, supply the agency with the name of an investigator with appropriate security clearances.
(e) The agency shall complete its investigation within 180 days of the date of filing of an individual complaint or within the
time period contained in an order from the Office of Federal Operations on an appeal from a dismissal pursuant to §
1614.107. By written agreement within those time periods, the complainant and the respondent agency may voluntarily
extend the time period for not more than an additional 90 days. The agency may unilaterally extend the time period or
any period of extension for not more than 30 days where it must sanitize a complaint file that may contain information
classified pursuant to Exec. Order No. 12356, or successor orders, as secret in the interest of national defense or foreign
policy, provided the investigating agency notifies the parties of the extension.
(f) 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 paragraph (e) of this section, the agency 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 administrative judge or may request an immediate final decision
pursuant to § 1614.110 from the agency with which the complaint was filed.
(g) If the agency does not send the notice required in paragraph (f) of this section within the applicable time limits, it shall,
within those same time limits, issue a written notice to the complainant informing the complainant that it has been
unable to complete its investigation within the time limits required by § 1614.108(f) and estimating a date by which the
investigation will be completed. Further, the notice must explain that if the complainant does not want to wait until the
agency completes the investigation, he or she may request a hearing in accordance with paragraph (h) of this section, or
file a civil action in an appropriate United States District Court in accordance with § 1614.407(b). Such notice shall
contain information about the hearing procedures.
(h) Where the complainant has received the notice required in paragraph (f) of this section or at any time after 180 days have
elapsed from the filing of the complaint, the complainant may request a hearing by submitting a written request for a
hearing directly to the EEOC office indicated in the agency's acknowledgment letter. The complainant shall send a copy
of the request for a hearing to the agency EEO office. Within 15 days of receipt of the request for a hearing, the agency
shall provide a copy of the complaint file to EEOC and, if not previously provided, to the complainant.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999; 77 FR 43505, July 25, 2012]

§ 1614.109 Hearings.
(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.
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(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 agency of attorney's fees or costs incurred
after the expiration of the 30-day acceptance period. An acceptance of an offer must be in writing and will be timely
if postmarked or received within the 30-day period. Where a complainant fails to accept an offer of resolution, an
agency may make other offers of resolution and either party may seek to negotiate a settlement of the complaint at
any time.
(d) Discovery. The administrative judge shall notify the parties of the right to seek discovery prior to the hearing and may
issue such discovery orders as are appropriate. Unless the parties agree in writing concerning the methods and scope of
discovery, the party seeking discovery shall request authorization from the administrative judge prior to commencing
discovery. Both parties are entitled to reasonable development of evidence on matters relevant to the issues raised in the
complaint, but the administrative judge may limit the quantity and timing of discovery. Evidence may be developed
through interrogatories, depositions, and requests for admissions, stipulations or production of documents. It shall be
grounds for objection to producing evidence that the information sought by either party is irrelevant, overburdensome,
repetitious, or privileged.
(e) Conduct of hearing. Agencies shall provide for the attendance at a hearing of all employees approved as witnesses by an
administrative judge. Attendance at hearings will be limited to persons determined by the administrative judge to have
direct knowledge relating to the complaint. Hearings are part of the investigative process and are thus closed to the
public. The administrative judge shall have the power to regulate the conduct of a hearing, limit the number of witnesses
where testimony would be repetitious, and exclude any person from the hearing for contumacious conduct or
misbehavior that obstructs the hearing. The administrative judge shall receive into evidence information or documents
relevant to the complaint. Rules of evidence shall not be applied strictly, but the administrative judge shall exclude
irrelevant or repetitious evidence. The administrative judge or the Commission may refer to the Disciplinary Committee
of the appropriate Bar Association any attorney or, upon reasonable notice and an opportunity to be heard, suspend or
disqualify from representing complainants or agencies in EEOC hearings any representative who refuses to follow the
orders of an administrative judge, or who otherwise engages in improper conduct.
(f) Procedures.
(1) The complainant, an agency, and any employee of a Federal agency shall produce such documentary and
testimonial evidence as the administrative judge deems necessary. The administrative judge shall serve all orders
to produce evidence on both parties.
(2) Administrative judges 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 an order of an administrative judge, or requests for the investigative
file, for documents, records, comparative data, statistics, affidavits, or the attendance of witness(es), the
administrative judge shall, 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
opposing party;
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(iii) Exclude other evidence offered by the party failing to produce the requested information or witness;
(iv) Issue a decision fully or partially in favor of the opposing party; or
(v) Take such other actions as appropriate.
(g) Summary judgment.
(1) If a party believes that some or all material facts are not in genuine dispute and there is no genuine issue as to
credibility, the party may, at least 15 days prior to the date of the hearing or at such earlier time as required by the
administrative judge, file a statement with the administrative judge prior to the hearing setting forth the fact or facts
and referring to the parts of the record relied on to support the statement. The statement must demonstrate that
there is no genuine issue as to any such material fact. The party shall serve the statement on the opposing party.
(2) The opposing party may file an opposition within 15 days of receipt of the statement in paragraph (d)(1) of this
section. The opposition may refer to the record in the case to rebut the statement that a fact is not in dispute or
may file an affidavit stating that the party cannot, for reasons stated, present facts to oppose the request. After
considering the submissions, the administrative judge may order that discovery be permitted on the fact or facts
involved, limit the hearing to the issues remaining in dispute, issue a decision without a hearing or make such other
ruling as is appropriate.
(3) If the administrative judge determines upon his or her own initiative that some or all facts are not in genuine dispute,
he or she may, after giving notice to the parties and providing them an opportunity to respond in writing within 15
calendar days, issue an order limiting the scope of the hearing or issue a decision without holding a hearing.
(h) Record of hearing. The hearing shall be recorded and the agency shall arrange and pay for verbatim transcripts. All
documents submitted to, and accepted by, the administrative judge at the hearing shall be made part of the record of the
hearing. If the agency submits a document that is accepted, it shall furnish a copy of the document to the complainant. If
the complainant submits a document that is accepted, the administrative judge shall make the document available to the
agency representative for reproduction.
(i)

Decisions by administrative judges. Unless the administrative judge makes a written determination that good cause
exists for extending the time for issuing a decision, an administrative judge shall issue a decision on the complaint, and
shall order appropriate remedies and relief where discrimination is found, within 180 days of receipt by the administrative
judge of the complaint file from the agency. The administrative judge shall send copies of the hearing record, including
the transcript, and the decision to the parties. If an agency does not issue a final order within 40 days of receipt of the
administrative judge's decision in accordance with 1614.110, then the decision of the administrative judge shall become
the final action of the agency.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37657, July 12, 1999; 77 FR 43505, July 25, 2012]

§ 1614.110 Final action by agencies.
(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 action 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. A copy of EEOC Form 573 shall be attached to the final action.
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[64 FR 37657, July 12, 1999]

Subpart B - Provisions Applicable to Particular Complaints
§ 1614.201 Age Discrimination in Employment Act.
(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.
[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]

§ 1614.202 Equal Pay Act.
(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.

§ 1614.203 Rehabilitation Act.
(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).
(8) The term Section 501 means section 501 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 791).
(9) The term targeted disability means a disability that is designated as a “targeted disability or health condition” on the
Office of Personnel Management's Standard Form 256 or that falls under one of the first 12 categories of disability
listed in Part A of question 5 of the Equal Employment Opportunity Commission's Demographic Information on
Applicants form.

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(10) The term undue hardship has the meaning set forth in part 1630 of this chapter.
(b) Nondiscrimination. Federal agencies shall not discriminate on the basis of disability in regard to the hiring, advancement
or discharge of employees, employee compensation, job training, or other terms, conditions, and privileges of
employment. The standards used to determine whether Section 501 has been violated in a complaint alleging
employment discrimination under this part shall be the standards applied under the ADA.
(c) Model employer. The Federal Government shall be a model employer of individuals with disabilities. Agencies shall give
full consideration to the hiring, advancement, and retention of qualified individuals with disabilities in the federal
workforce. Agencies shall also take affirmative action to promote the recruitment, hiring, and advancement of qualified
individuals with disabilities, with the goal of eliminating under-representation of individuals with disabilities in the federal
workforce.
(d) Affirmative action plan. Pursuant to 29 U.S.C. 791, each agency shall adopt and implement a Plan that provides sufficient
assurances, procedures, and commitments to provide adequate hiring, placement, and advancement opportunities for
individuals with disabilities at all levels of federal employment. An agency fails to satisfy this requirement unless it has
adopted and implemented a Plan that meets the following criteria:
(1) Disability hiring and advancement program (i)

Recruitment. The Plan shall require the agency to take specific steps to ensure that a broad range of
individuals with disabilities, including individuals with targeted disabilities, will be aware of and be encouraged
to apply for job vacancies when eligible. Such steps shall include, at a minimum (A) Use of programs and resources that identify job applicants with disabilities, including individuals with
targeted disabilities, who are eligible to be appointed under a hiring authority that takes disability into
account, consistent with applicable OPM regulations, examples of which could include programs that
provide the qualifications necessary for particular positions within the agency to individuals with
disabilities, databases of individuals with disabilities who previously applied to the agency but were not
hired for the positions they applied for, and training and internship programs that lead directly to
employment for individuals with disabilities; and
(B) Establishment and maintenance of contacts (which may include formal agreements) with organizations
that specialize in providing assistance to individuals with disabilities, including individuals with targeted
disabilities, in securing and maintaining employment, such as American Job Centers, State Vocational
Rehabilitation Agencies, the Veterans' Vocational Rehabilitation and Employment Program, Centers for
Independent Living, and Employment Network service providers.

(ii) Application process. The Plan shall ensure that the agency has designated sufficient staff to handle any
disability-related issues that arise during the application and selection processes, and shall require the agency
to provide such individuals with sufficient training, support, and other resources to carry out their
responsibilities under this section. Such responsibilities shall include, at a minimum (A) Ensuring that disability-related questions from members of the public regarding the agency's application
and selection processes are answered promptly and correctly, including questions about reasonable
accommodations needed by job applicants during the application and selection processes and questions
about how individuals may apply for appointment under hiring authorities that take disability into
account;
(B) Processing requests for reasonable accommodations needed by job applicants during the application
and placement processes, and ensuring that the agency provides such accommodations when required
to do so under the standards set forth in part 1630 of this chapter;
(C) Accepting applications for appointment under hiring authorities that take disability into account,
consistent with applicable OPM regulations;
(D) If an individual has applied for appointment to a particular position under a hiring authority that takes
disability into account, determining whether the individual is eligible for appointment under such
authority, and, if so, forwarding the individual's application to the relevant hiring officials with an
explanation of how and when the individual may be appointed, consistent with all applicable laws;
(E) Overseeing any other agency programs designed to increase hiring of individuals with disabilities.
(iii) Advancement program. The Plan shall require the agency to take specific steps to ensure that current
employees with disabilities have sufficient opportunities for advancement. Such steps may include, for
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(A) Efforts to ensure that employees with disabilities are informed of and have opportunities to enroll in
relevant training, including management training when eligible;
(B) Development or maintenance of a mentoring program for employees with disabilities; and
(C) Administration of exit interviews that include questions on how the agency could improve the recruitment,
hiring, inclusion, and advancement of individuals with disabilities.
(2) Disability anti-harassment policy. The Plan shall require the agency to state specifically in its anti-harassment policy
that harassment based on disability is prohibited, and to include in its training materials examples of the types of
conduct that would constitute disability-based harassment.
(3) Reasonable accommodation (i)

Procedures. The Plan shall require the agency to adopt, post on its public Web site, and make available to all
job applicants and employees in written and accessible formats, reasonable accommodation procedures that
are easy to understand and that, at a minimum (A) Explain relevant terms such as “reasonable accommodation,” “disability,” “interactive process,” “qualified,”
and “undue hardship,” consistent with applicable statutory and regulatory definitions, using examples
where appropriate;
(B) Explain that reassignment to a vacant position for which an employee is qualified, and not just permission
to compete for such position, is a reasonable accommodation, and that the agency must consider
providing reassignment to a vacant position as a reasonable accommodation when it determines that no
other reasonable accommodation will permit an employee with a disability to perform the essential
functions of his or her current position;
(C) Notify supervisors and other relevant agency employees how and where they are to conduct searches for
available vacancies when considering reassignment as a reasonable accommodation;
(D) Explain that an individual may request a reasonable accommodation orally or in writing at any time, need
not fill out any specific form in order for the interactive process to begin, and need not have a particular
accommodation in mind before making a request, and that the request may be made to a supervisor or
manager in the individual's chain of command, the office designated by the agency to oversee the
reasonable accommodation process, any agency employee connected with the application process, or
any other individual designated by the agency to accept such requests;
(E) Include any forms the agency uses in connection with a reasonable accommodation request as
attachments, and indicate that such forms are available in alternative formats that are accessible to
people with disabilities;
(F) Describe the agency's process for determining whether to provide a reasonable accommodation,
including the interactive process, and provide contact information for the individual or program office
from whom requesters will receive a final decision;
(G) Provide guidance to supervisors on how to recognize requests for reasonable accommodation;
(H) Require that decision makers communicate, early in the interactive process and periodically throughout
the process, with individuals who have requested a reasonable accommodation;
(I)

Explain when the agency may require an individual who requests a reasonable accommodation to provide
medical information that is sufficient to explain the nature of the individual's disability, his or her need for
reasonable accommodation, and how the requested accommodation, if any, will assist the individual to
apply for a job, perform the essential functions of a job, or enjoy the benefits and privileges of the
workplace;

(J) Explain the agency's right to request relevant supplemental medical information if the information
submitted by the requester is insufficient for the purposes specified in paragraph (d)(3)(i)(I) of this
section;
(K) Explain the agency's right to have medical information reviewed by a medical expert of the agency's
choosing at the agency's expense;
(L) Explain the agency's obligation to keep medical information confidential, in accordance with applicable
laws and regulations, and the limited circumstances under which such information may be disclosed;

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(M) Designate the maximum amount of time the agency has, absent extenuating circumstances, to either
provide a requested accommodation or deny the request, and explain that the time limit begins to run
when the accommodation is first requested;
(N) Explain that the agency will not be expected to adhere to its usual timelines if an individual's health
professional fails to provide needed documentation in a timely manner;
(O) Explain that, where a particular reasonable accommodation can be provided in less than the maximum
amount of time permitted under paragraph (d)(3)(i)(M) of this section, failure to provide the
accommodation in a prompt manner may result in a violation of the Rehabilitation Act;
(P) Provide for expedited processing of requests for reasonable accommodations that are needed sooner
than the maximum allowable time frame permitted under paragraph (d)(3)(i)(M) of this section;
(Q) Explain that, when all the facts and circumstances known to the agency make it reasonably likely that an
individual will be entitled to a reasonable accommodation, but the accommodation cannot be provided
immediately, the agency shall provide an interim accommodation that allows the individual to perform
some or all of the essential functions of his or her job, if it is possible to do so without imposing undue
hardship on the agency;
(R) Inform applicants and employees how they may track the processing of requests for reasonable
accommodation;
(S) Explain that, where there is a delay in either processing a request for or providing a reasonable
accommodation, the agency must notify the individual of the reason for the delay, including any
extenuating circumstances that justify the delay;
(T) Explain that individuals who have been denied reasonable accommodations have the right to file
complaints pursuant to 29 CFR 1614.106;
(U) Encourage the use of voluntary informal dispute resolution processes that individuals may use to obtain
prompt reconsideration of denied requests for reasonable accommodation;
(V) Provide that the agency shall give the requester a notice consistent with the requirements of paragraph
(d)(3)(iii) of this section at the time a request for reasonable accommodation is denied; and
(W) Provide information on how to access additional information regarding reasonable accommodation,
including, at a minimum, Commission guidance and technical assistance documents.
(ii) Cost of accommodations. The Plan shall require the agency to take specific steps to ensure that requests for
reasonable accommodation are not denied for reasons of cost, and that individuals with disabilities are not
excluded from employment due to the anticipated cost of a reasonable accommodation, if the resources
available to the agency as a whole, excluding those designated by statute for a specific purpose that does not
include reasonable accommodation, would enable it to provide an effective reasonable accommodation
without undue hardship. Such steps shall be reasonably designed to, at a minimum (A) Ensure that anyone who is authorized to grant or deny requests for reasonable accommodation or to
make hiring decisions is aware that, pursuant to the regulations implementing the undue hardship
defense at 29 CFR part 1630, all resources available to the agency as a whole, excluding those
designated by statute for a specific purpose that does not include reasonable accommodation, are
considered when determining whether a denial of reasonable accommodation based on cost is lawful;
and
(B) Ensure that anyone authorized to grant or deny requests for reasonable accommodation or to make hiring
decisions is aware of, and knows how to arrange for the use of, agency resources available to provide the
accommodation, including any centralized fund the agency may have for that purpose.
(iii) Notification of basis for denial. The Plan shall require the agency to provide a job applicant or employee who is
denied a reasonable accommodation with a written notice at the time of the denial, in an accessible format
when requested, that (A) Explains the reasons for the denial and notifies the job applicant or employee of any available internal
appeal or informal dispute resolution processes;
(B) Informs the job applicant or employee of the right to challenge the denial by filing a complaint of
discrimination under this part;
(C) Provides instructions on how to file such a complaint; and
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(D) Explains that, pursuant to 29 CFR 1614.105, the right to file a complaint will be lost unless the job
applicant or employee initiates contact with an EEO Counselor within 45 days of the denial, regardless of
whether the applicant or employee participates in an informal dispute resolution process.
(4) Accessibility of facilities and technology (i)

Notice of rights. The Plan shall require the agency to adopt, post on its public Web site, and make available to
all employees in written and accessible formats, a notice that (A) Explains their rights under Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. 794d, concerning the
accessibility of agency technology, and the Architectural Barriers Act, 42 U.S.C. 4151 through 4157,
concerning the accessibility of agency building and facilities;
(B) Provides contact information for an agency employee who is responsible for ensuring the physical
accessibility of the agency's facilities under the Architectural Barriers Act of 1968, and an agency
employee who is responsible for ensuring that the electronic and information technology purchased,
maintained, or used by the agency is readily accessible to, and usable by, individuals with disabilities, as
required by Section 508 of the Rehabilitation Act of 1973; and
(C) Provides instructions on how to file complaints alleging violations of the accessibility requirements of the
Architectural Barriers Act of 1968 and Section 508 of the Rehabilitation Act of 1973.

(ii) Assistance with filing complaints at other agencies. If an agency's investigation of a complaint filed under
Section 508 of the Rehabilitation Act of 1973 or the Architectural Barriers Act of 1968 shows that a different
entity is responsible for the alleged violation, the Plan shall require the agency to inform the individual who
filed the complaint where he or she may file a complaint against the other entity, if possible.
(5) Personal assistance services allowing employees to participate in the workplace (i)

Obligation to provide personal assistance services. The Plan shall require the agency to provide an employee
with, in addition to professional services required as a reasonable accommodation under the standards set
forth in part 1630 of this chapter, personal assistance services during work hours and job-related travel if (A) The employee requires such services because of a targeted disability;
(B) Provision of such services would, together with any reasonable accommodations required under the
standards set forth in part 1630 of this chapter, enable the employee to perform the essential functions
of his or her position; and
(C) Provision of such services would not impose undue hardship on the agency.

(ii) Service providers. The Plan shall state that personal assistance services required under paragraph (d)(5)(i) of
this section must be performed by a personal assistance service provider. The Plan may permit the agency to
require personal assistance service providers to provide personal assistance services to more than one
individual. The Plan may also permit the agency to require personal assistance service providers to perform
tasks unrelated to personal assistance services, but only to the extent that doing so does not result in failure
to provide personal assistance services required under paragraph (d)(5)(i) of this section in a timely manner.
(iii) No adverse action. The Plan shall prohibit the agency from taking adverse actions against job applicants or
employees based on their need for, or perceived need for, personal assistance services.
(iv) Selection of personal assistance service providers. The Plan shall require the agency, when selecting someone
who will provide personal assistance services to a single individual, to give primary consideration to the
individual's preferences to the extent permitted by law.
(v) Written procedures. The Plan shall require the agency to adopt, post on its public Web site, and make available
to all job applicants and employees in written and accessible formats, procedures for processing requests for
personal assistance services. An agency may satisfy this requirement by stating, in the procedures required
under paragraph (d)(3)(i) of this section, that the process for requesting personal assistance services, the
process for determining whether such services are required, and the agency's right to deny such requests
when provision of the services would pose an undue hardship, are the same as for reasonable
accommodations.
(6) Utilization analysis (i)

Current utilization. The Plan shall require the agency to perform a workforce analysis annually to determine the
percentage of its employees at each grade and salary level who have disabilities, and the percentage of its
employees at each grade and salary level who have targeted disabilities.

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(ii) Source of data. For purposes of the analysis required under paragraph (d)(6)(i) of this section, an employee
may be classified as an individual with a disability or an individual with a targeted disability on the basis of (A) The individual's self-identification as an individual with a disability or an individual with a targeted
disability on a form, including but not limited to the Office of Personnel Management's Standard Form
256, which states that the information collected will be kept confidential and used only for statistical
purposes, and that completion of the form is voluntary;
(B) Records relating to the individual's appointment under a hiring authority that takes disability into account,
if applicable; and
(C) Records relating to the individual's requests for reasonable accommodation, if any.
(iii) Data accuracy. The Plan shall require the agency to take steps to ensure that data collected pursuant to
paragraph (d)(6)(i) of this section are accurate.
(7) Goals (i)

Adoption. The Plan shall commit the agency to the goal of ensuring that (A) No less than 12% of employees at the GS-11 level and above, together with employees who are not paid
under the General Schedule but who have salaries equal to or greater than employees at the GS-11, step 1
level in the Washington, DC locality, are individuals with disabilities;
(B) No less than 12% of employees at the GS-10 level and below, together with employees who are not paid
under the General Schedule but who have salaries less than employees at the GS-11, step 1 level in the
Washington, DC locality, are individuals with disabilities;
(C) No less than 2% of employees at the GS-11 level and above, together with employees who are not paid
under the General Schedule but who have salaries equal to or greater than employees at the GS-11, step 1
level in the Washington, DC locality, are individuals with targeted disabilities; and
(D) No less than 2% of employees at the GS-10 level and below, together with employees who are not paid
under the General Schedule but who have salaries less than employees at the GS-11, step 1 level in the
Washington, DC locality, are individuals with targeted disabilities.

(ii) Progression toward goals. The Plan shall require the agency to take specific steps that are reasonably
designed to gradually increase the number of persons with disabilities or targeted disabilities employed at the
agency until it meets the goals established pursuant to paragraph (d)(7)(i) of this section. Examples of such
steps include, but are not limited to (A) Increased use of hiring authorities that take disability into account to hire or promote individuals with
disabilities or targeted disabilities, as applicable;
(B) To the extent permitted by applicable laws, consideration of disability or targeted disability status as a
positive factor in hiring, promotion, or assignment decisions;
(C) Disability-related training and education campaigns for all employees in the agency;
(D) Additional outreach or recruitment efforts;
(E) Increased efforts to hire and retain individuals who require supported employment because of a disability,
who have retained the services of a job coach at their own expense or at the expense of a third party, and
who may be given permission to use the job coach during work hours as a reasonable accommodation
without imposing undue hardship on the agency; and
(F) Adoption of training, mentoring, or internship programs for individuals with disabilities.
(8) Recordkeeping. The Plan shall require the agency to keep records that it may use to determine whether it is
complying with the nondiscrimination and affirmative action requirements imposed under Section 501, and to make
such records available to the Commission upon the Commission's request, including, at a minimum, records of (i)

The number of job applications received from individuals with disabilities, and the number of individuals with
disabilities who were hired by the agency;

(ii) The number of job applications received from individuals with targeted disabilities, and the number of
individuals with targeted disabilities who were hired by the agency;
(iii) All rescissions of conditional job offers, demotions, and terminations taken against applicants or employees
as a result of medical examinations or inquiries;
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(iv) All agency employees hired under the Schedule A hiring authority for persons with certain disabilities, and each
such employee's date of hire, entering grade level, probationary status, and current grade level;
(v) The number of employees appointed under the Schedule A hiring authority for persons with certain disabilities
who have been converted to career or career-conditional appointments in the competitive service, and the
number of such employees who were terminated prior to being converted to a career or career-conditional
appointment in the competitive service; and
(vi) Details about each request for reasonable accommodation including, at a minimum (A) The specific reasonable accommodation requested, if any;
(B) The job (occupational series, grade level, and agency component) sought by the requesting applicant or
held by the requesting employee;
(C) Whether the accommodation was needed to apply for a job, perform the essential functions of a job, or
enjoy the benefits and privileges of employment;
(D) Whether the request was granted (which may include an accommodation different from the one
requested) or denied;
(E) The identity of the deciding official;
(F) If denied, the basis for such denial; and
(G) The number of days taken to process the request.
(e) Reporting (1) Submission to the Commission. On an annual basis, each federal agency shall submit to the Commission for
approval, at such time and in such manner as the Commission deems appropriate (i)

A copy of its current Plan;

(ii) The results of the two most recent workforce analyses performed pursuant to paragraph (d)(6) of this section
showing the percentage of employees with disabilities and employees with targeted disabilities in each of the
designated pay groups;
(iii) The number of individuals appointed to positions within the agency under the Schedule A hiring authority for
persons with certain disabilities during the previous year, and the total number of employees whose
employment at the agency began by appointment under the Schedule A hiring authority for persons with
certain disabilities; and
(iv) A list of changes made to the Plan since the prior submission, if any, and an explanation of why those changes
were made.
(2) Availability to the public. Each agency shall make the information submitted to the Commission pursuant to
paragraph (e)(1) of this section available to the public by, at a minimum, posting a copy of the submission on its
public Web site and providing a means by which members of the public may request copies of the submission in
accessible formats.
(f) Commission approval and disapproval (1) Basis for approval. If the Commission determines that an agency has adopted and implemented a Plan that meets
the requirements set forth in paragraph (d) of this section, the Commission shall approve the Plan.
(2) Basis for disapproval. If the Commission determines that an agency has failed to adopt and implement a Plan that
meets the requirements set forth in paragraph (d) of this section, the Commission shall disapprove the Plan as
required by 29 U.S.C. 791(b). Failure to achieve a goal set forth in paragraph (d)(7)(i) of this section, by itself, is not
grounds for disapproval unless the Plan fails to require the agency to take specific steps that are reasonably
designed to achieve the goal.
[82 FR 677, Jan. 3, 2017]

§ 1614.204 Class complaints.
(a) Definitions.

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(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, or genetic information.
(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 agent's
receipt of the notice of right to file a class complaint.
(3) The complaint shall be processed promptly; the parties shall cooperate and shall proceed at all times without undue
delay.
(d) Acceptance or dismissal.
(1) Within 30 days of an agency's receipt of a complaint, the agency shall: Designate an agency representative who
shall not be any of the individuals referenced in § 1614.102(b)(3), and forward the complaint, along with a copy of
the Counselor's report and any other information pertaining to timeliness or other relevant circumstances related to
the complaint, to the Commission. The Commission shall assign the complaint to an administrative judge or
complaints examiner with a proper security clearance when necessary. The administrative judge may require the
complainant or agency to submit additional information relevant to the complaint.
(2) The administrative judge may dismiss the complaint, or any portion, for any of the reasons listed in § 1614.107 or
because it does not meet the prerequisites of a class complaint under § 1614.204(a)(2).
(3) If the allegation is not included in the Counselor's report, the administrative judge shall afford the agent 15 days to
state whether the matter was discussed with the Counselor and, if not, explain why it was not discussed. If the
explanation is not satisfactory, the administrative judge shall dismiss the allegation. If the explanation is
satisfactory, the administrative judge shall refer the allegation to the agency for further counseling of the agent.
After counseling, the allegation shall be consolidated with the class complaint.
(4) If an allegation lacks specificity and detail, the administrative judge shall afford the agent 15 days to provide
specific and detailed information. The administrative judge shall dismiss the complaint if the agent fails to provide
such information within the specified time period. If the information provided contains new allegations outside the
scope of the complaint, the administrative judge shall advise the agent how to proceed on an individual or class
basis concerning these allegations.
(5) The administrative judge shall extend the time limits for filing a complaint and for consulting with a Counselor in
accordance with the time limit extension provisions contained in §§ 1614.105(a)(2) and 1614.604.
(6) When appropriate, the administrative judge may decide that a class be divided into subclasses and that each
subclass be treated as a class, and the provisions of this section then shall be construed and applied accordingly.
(7) The administrative judge shall transmit his or her decision to accept or dismiss a complaint to the agency and the
agent. The agency shall take final action by issuing a final order within 40 days of receipt of the hearing record and
administrative judge's decision. The final order shall notify the agent whether or not the agency will implement the
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decision of the administrative judge. If the final order does not implement the decision of the administrative judge,
the agency shall simultaneously appeal the administrative judge's decision in accordance with § 1614.403 and
append a copy of the appeal to the final order. A dismissal of a class complaint shall inform the agent either that
the complaint is being filed on that date as an individual complaint of discrimination and will be processed under
subpart A or that the complaint is also dismissed as an individual complaint in accordance with § 1614.107. In
addition, it shall inform the agent of the right to appeal the dismissal of the class complaint to the Equal
Employment Opportunity Commission or to file a civil action and shall include EEOC Form 573, Notice of
Appeal/Petition.
(e) Notification.
(1) Within 15 days of receiving notice that the administrative judge has accepted a class complaint or a reasonable
time frame specified by the administrative judge, the agency shall use reasonable means, such as delivery, mailing
to last known address or distribution, to notify all class members of the acceptance of the class complaint.
(2) Such notice shall contain:
(i)

The name of the agency or organizational segment, its location, and the date of acceptance of the complaint;

(ii) A description of the issues accepted as part of the class complaint;
(iii) An explanation of the binding nature of the final decision or resolution of the complaint on class members; and
(iv) The name, address and telephone number of the class representative.
(f) Obtaining evidence concerning the complaint.
(1) The administrative judge shall notify the agent and the agency representative of the time period that will be allowed
both parties to prepare their cases. This time period will include at least 60 days and may be extended by the
administrative judge upon the request of either party. Both parties are entitled to reasonable development of
evidence on matters relevant to the issues raised in the complaint. Evidence may be developed through
interrogatories, depositions, and requests for admissions, stipulations or production of documents. It shall be
grounds for objection to producing evidence that the information sought by either party is irrelevant,
overburdensome, repetitious, or privileged.
(2) If mutual cooperation fails, either party may request the administrative judge to rule on a request to develop
evidence. If a party fails without good cause shown to respond fully and in timely fashion to a request made or
approved by the administrative judge for documents, records, comparative data, statistics or affidavits, and the
information is solely in the control of one party, such failure may, in appropriate circumstances, caused the
administrative judge:
(i)

To draw an adverse inference that the requested information would have reflected unfavorably on the party
refusing to provide the requested information;

(ii) To consider the matters to which the requested information pertains to be established in favor of the opposing
party;
(iii) To exclude other evidence offered by the party failing to produce the requested information;
(iv) To recommend that a decision be entered in favor of the opposing party; or
(v) To take such other actions as the administrative judge deems appropriate.
(3) During the period for development of evidence, the administrative judge may, in his or her discretion, direct that an
investigation of facts relevant to the complaint or any portion be conducted by an agency certified by the
Commission.
(4) Both parties shall furnish to the administrative judge copies of all materials that they wish to be examined and such
other material as may be requested.
(g) Opportunity for resolution of the complaint.
(1) The administrative judge shall furnish the agent and the representative of the agency a copy of all materials
obtained concerning the complaint and provide opportunity for the agent to discuss materials with the agency
representative and attempt resolution of the complaint.
(2) The complaint may be resolved by agreement of the agency and the agent at any time pursuant to the notice and
approval procedure contained in paragraph (g)(4) of this section.

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(3) If the complaint is resolved, the terms of the resolution shall be reduced to writing and signed by the agent and the
agency.
(4) Notice of the resolution shall be given to all class members in the same manner as notification of the acceptance of
the class complaint and to the administrative judge. It shall state the relief, if any, to be granted by the agency and
the name and address of the EEOC administrative judge assigned to the case. It shall state that within 30 days of
the date of the notice of resolution, any member of the class may petition the administrative judge to vacate the
resolution because it benefits only the class agent, or is otherwise not fair, adequate and reasonable to the class as
a whole. The administrative judge shall review the notice of resolution and consider any petitions to vacate filed. If
the administrative judge finds that the proposed resolution is not fair, adequate and reasonable to the class as a
whole, the administrative judge shall issue a decision vacating the agreement and may replace the original class
agent with a petitioner or some other class member who is eligible to be the class agent during further processing
of the class complaint. The decision shall inform the former class agent or the petitioner of the right to appeal the
decision to the Equal Employment Opportunity Commission and include EEOC Form 573, Notice of Appeal/Petition.
If the administrative judge finds that the resolution is fair, adequate and reasonable to the class as a whole, the
resolution shall bind all members of the class.
(h) Hearing. On expiration of the period allowed for preparation of the case, the administrative judge shall set a date for
hearing. The hearing shall be conducted in accordance with 29 CFR 1614.109 (a) through (f).
(i)

Decisions: The administrative judge shall transmit to the agency and class agent a decision on the complaint, including
findings, systemic relief for the class and any individual relief, where appropriate, with regard to the personnel action or
matter that gave rise to the complaint. If the administrative judge finds no class relief appropriate, he or she shall
determine if a finding of individual discrimination is warranted and, if so, shall order appropriate relief.

(j)

Agency final action.
(1) Within 60 days of receipt of the administrative judge's decision on the complaint, the agency shall take final action
by issuing a final order. The final order shall notify the class agent whether or not the agency will fully implement the
decision of the administrative judge and shall contain notice of the class agent'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.
(2) If an agency does not issue a final order within 60 days of receipt of the administrative judge's decision, then the
decision of the administrative judge shall become the final action of the agency.
(3) A final order on a class complaint shall, subject to subpart D of this part, be binding on all members of the class and
the agency.

(k) Notification of final action: The agency shall notify class members of the final action and relief awarded, if any, through
the same media employed to give notice of the existence of the class complaint. The notice, where appropriate, shall
include information concerning the rights of class members to seek individual relief, and of the procedures to be
followed. Notice shall be given by the agency within 10 days of the transmittal of the final action to the agent.
(l)

Relief for individual class members.
(1) When discrimination is found, an agency must eliminate or modify the employment policy or practice out of which
the complaint arose and provide individual relief, including an award of attorney's fees and costs, to the agent in
accordance with § 1614.501.
(2) When class-wide discrimination is not found, but it is found that the class agent is a victim of discrimination, §
1614.501 shall apply. The agency shall also, within 60 days of the issuance of the final order finding no class-wide
discrimination, issue the acknowledgement of receipt of an individual complaint as required by § 1614.106(d) and
process in accordance with the provisions of subpart A of this part, each individual complaint that was subsumed
into the class complaint.
(3) When discrimination is found in the final order and a class member believes that he or she is entitled to individual
relief, the class member may file a written claim with the head of the agency or its EEO Director within 30 days of
receipt of notification by the agency of its final order. Administrative judges shall retain jurisdiction over the
complaint in order to resolve any disputed claims by class members. The claim must include a specific detailed
showing that the claimant is a class member who was affected by the discriminatory policy or practice, and that
this discriminatory action took place within the period of time for which class-wide discrimination was found in the
final order. Where a finding of discrimination against a class has been made, there shall be a presumption of

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discrimination as to each member of the class. The agency must show by clear and convincing evidence that any
class member is not entitled to relief. The administrative judge may hold a hearing or otherwise supplement the
record on a claim filed by a class member. The agency or the Commission may find class-wide discrimination and
order remedial action for any policy or practice in existence within 45 days of the agent's initial contact with the
Counselor. Relief otherwise consistent with this part may be ordered for the time the policy or practice was in
effect. The agency shall issue a final order on each such claim within 90 days of filing. Such decision must include a
notice of the right to file an appeal or a civil action in accordance with subpart D of this part and the applicable time
limits.
[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]

Subpart C - Related Processes
§ 1614.301 Relationship to negotiated grievance procedure.
(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 agency not subject to 5 U.S.C 7121(d) and is covered by a negotiated grievance
procedure, allegations of discrimination shall be processed as complaints under this part, except that the time limits for
processing the complaint contained in § 1614.106 and for appeal to the Commission contained in § 1614.402 may be
held in abeyance during processing of a grievance covering the same matter as the complaint if the agency notifies the
complainant in writing that the complaint will be held in abeyance pursuant to this section.

§ 1614.302 Mixed case complaints.
(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, or genetic information 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, or genetic information.
(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
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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 shall be deemed to be the date of initial
contact with the counselor. If a person files a timely appeal with MSPB from the agency's processing of a mixed case
complaint and the MSPB dismisses it for jurisdictional reasons, the agency shall reissue a notice under § 1614.108(f)
giving the individual the right to elect between a hearing before an administrative judge and an immediate final decision.
(c) Dismissal.
(1) An agency may dismiss a mixed case complaint for the reasons contained in, and under the conditions prescribed
in, § 1614.107.
(2) An agency decision to dismiss a mixed case complaint on the basis of the complainant's prior election of the MSPB
procedures shall be made as follows:
(i)

Where neither the agency nor the MSPB administrative judge questions the MSPB's jurisdiction over the appeal
on the same matter, it shall dismiss the mixed case complaint pursuant to § 1614.107(a)(4) and shall advise
the complainant that he or she must bring the allegations of discrimination contained in the rejected
complaint to the attention of the MSPB, pursuant to 5 CFR 1201.155. The dismissal of such a complaint shall
advise the complainant of the right to petition the EEOC to review the MSPB's final decision on the
discrimination issue. A dismissal of a mixed case complaint is not appealable to the Commission except
where it is alleged that § 1614.107(a)(4) has been applied to a non-mixed case matter.

(ii) Where the agency or the MSPB administrative judge questions the MSPB's jurisdiction over the appeal on the
same matter, the agency shall hold the mixed case complaint in abeyance until the MSPB's administrative
judge rules on the jurisdictional issue, notify the complainant that it is doing so, and instruct him or her to bring
the allegation of discrimination to the attention of the MSPB. During this period of time, all time limitations for
processing or filing under this part will be tolled. An agency decision to hold a mixed case complaint in
abeyance is not appealable to EEOC. If the MSPB's administrative judge finds that MSPB has jurisdiction over
the matter, the agency shall dismiss the mixed case complaint pursuant to § 1614.107(a)(4), and advise the
complainant of the right to petition the EEOC to review the MSPB's final decision on the discrimination issue. If
the MSPB's administrative judge finds that MSPB does not have jurisdiction over the matter, the agency shall
recommence processing of the mixed case complaint as a non-mixed case EEO complaint.
(d) Procedures for agency processing of mixed case complaints. When a complainant elects to proceed initially under this
part rather than with the MSPB, the procedures set forth in subpart A shall govern the processing of the mixed case
complaint with the following exceptions:
(1) At the time the agency advises a complainant of the acceptance of a mixed case complaint, it shall also advise the
complainant that:
(i)

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 § 1614.310(g), but not both; and

(ii) If the complainant is dissatisfied with the agency's final decision on the mixed case complaint, the
complainant may appeal the matter to the MSPB (not EEOC) within 30 days of receipt of the agency's final
decision;
(2) Upon completion of the investigation, the notice provided the complainant in accordance with § 1614.108(f) will
advise the complainant that a final decision will be issued within 45 days without a hearing; and
(3) At the time that the agency issues its final decision on a mixed case complaint, the agency 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 § 1614.310(a).
[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]

§ 1614.303 Petitions to the EEOC from MSPB decisions on mixed case appeals and complaints.
(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.

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(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.
[74 FR 3430, Jan. 21, 2009, as amended at 77 FR 51470, Aug. 24, 2012]

§ 1614.304 Contents of petition.
(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, or genetic
information;
(4) A copy of the decision issued by the MSPB; and
(5) The signature of the petitioner or representative, if any.
[57 FR 12646, Apr. 10, 1992, as amended at 74 FR 63984, Dec. 7, 2009]

§ 1614.305 Consideration procedures.
(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 differed with the decision of the MSPB under § 1614.305(c)(2), the Commission shall refer the
matter to the MSPB.

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§ 1614.306 Referral of case to Special Panel.
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.

§ 1614.307 Organization of Special Panel.
(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.

§ 1614.308 Practices and procedures of the Special Panel.
(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.

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(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, parties are required to file their submissions by overnight delivery service should they file by
mail.
(4) The date of filing shall be determined by the date of mailing as indicated by the order date for the overnight delivery
service. If the filing is by personal delivery, it shall be considered filed on that date it is received in the office of the
Clerk, MSPB.
(g) Briefs and responsive pleadings. If the parties wish to submit written argument, briefs shall be filed with the Special Panel
within 15 days of the date of the Board's certification order. Due to the short statutory time limit responsive pleadings will
not ordinarily be permitted.
(h) Oral argument. The parties have the right to oral argument if desired. Parties wishing to exercise this right shall so
indicate at the time of filing their brief, or if no brief is filed, within 15 days of the date of the Board's certification order.
Upon receipt of a request for argument, the Chairman of the Special Panel shall determine the time and place for
argument and the time to be allowed each side, and shall so notify the parties.
(i)

Post-argument submissions. Due to the short statutory time limit, no post-argument submissions will be permitted
except by order of the Chairman of the Special Panel.

(j)

Procedural matters. Any procedural matters not addressed in this subpart shall be resolved by written order of the
Chairman of the Special Panel.

§ 1614.309 Enforcement of Special Panel decision.
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.

§ 1614.310 Right to file a civil action.
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.

Subpart D - Appeals and Civil Actions
§ 1614.401 Appeals to the Commission.
(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).

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(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.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999; 77 FR 43505, July 25, 2012]

§ 1614.402 Time for appeals to the Commission.
(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.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999; 77 FR 43505, July 25, 2012]

§ 1614.403 How to appeal.
(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, 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 facsimile provided they are no more than 10 pages long.
(g) Agencies are required to submit appeals, complaint files, and other filings to the Office of Federal Operations in a digital
format acceptable to the Commission, absent a showing of good cause why an agency cannot submit digital records.
Appellants are encouraged, but not required, to submit digital appeals and supporting documentation to the Office of
Federal Operations in a format acceptable to the Commission.
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[64 FR 37659, July 12, 1999, as amended at 74 FR 3430, Jan. 21, 2009; 77 FR 43505, July 25, 2012]

§ 1614.404 Appellate procedure.
(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.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999]

§ 1614.405 Decisions on appeals.
(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 or her civil action rights, and be transmitted to the complainant and the agency by first class mail.
(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
decision of the Commission, which the Commission in its discretion may grant, if the party demonstrates that:
(1) The appellate decision involved a clearly erroneous interpretation of material fact or law; or
(2) The decision will have a substantial impact on the policies, practices or operations of the agency.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999; 77 FR 43505, July 25, 2012]

§ 1614.406 Time limits. [Reserved]
§ 1614.407 Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, and Genetic
Information Nondiscrimination Act.
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, and Genetic
Information Nondiscrimination 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;
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(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 section
shall be deemed to have exhausted his or her administrative remedies.
[57 FR 12646, Apr. 10, 1992. Redesignated and amended at 64 FR 37659, July 12, 1999; 85 FR 35561, June 11, 2020]

§ 1614.408 Civil action: Equal Pay Act.
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.
[57 FR 12646, Apr. 10, 1992. Redesignated at 64 FR 37659, July 12, 1999]

§ 1614.409 Effect of filing a civil action.
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.
[85 FR 35562, June 11, 2020]

Subpart E - Remedies and Enforcement
§ 1614.501 Remedies and relief.
(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.
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(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 the date the applicant would have been hired. Back
pay, computed in the manner prescribed by 5 CFR 550.805, shall be awarded from the date the individual
would have entered on duty until the date the individual actually enters on duty unless clear and convincing
evidence indicates that the applicant would not have been selected even absent discrimination. Interest on
back pay shall be included in the back pay computation where sovereign immunity has been waived. The
individual shall be deemed to have performed service for the agency during this period for all purposes except
for meeting service requirements for completion of a required probationary or trial period.
(iii) If the offer of employment is declined, the agency shall award the individual a sum equal to the back pay he or
she would have received, computed in the manner prescribed by 5 CFR 550.805, from the date he or she would
have been appointed until the date the offer was declined, subject to the limitation of paragraph (b)(3) of this
section. Interest on back pay shall be included in the back pay computation. The agency shall inform the
applicant, in its offer of employment, of the right to this award in the event the offer is declined.
(2) When an agency, or the Commission, finds that discrimination existed at the time the applicant was considered for
employment but also finds by clear and convincing evidence that the applicant would not have been hired even
absent discrimination, the agency shall nevertheless take all steps necessary to eliminate the discriminatory
practice and ensure it does not recur.
(3) Back pay under this paragraph (b) for complaints under title VII or the Rehabilitation Act may not extend from a date
earlier than two years prior to the date on which the complaint was initially filed by the applicant.
(c) Relief for an employee. When an agency, or the Commission, finds that an employee of the agency was discriminated
against, the agency shall provide relief, which shall include, but need not be limited to, one or more of the following
actions:
(1) Nondiscriminatory placement, with back pay computed in the manner prescribed by 5 CFR 550.805, unless clear
and convincing evidence contained in the record demonstrates that the personnel action would have been taken
even absent the discrimination. Interest on back pay shall be included in the back pay computation where sovereign
immunity has been waived. The back pay liability under title VII or the Rehabilitation Act is limited to two years prior
to the date the discrimination complaint was filed.
(2) If clear and convincing evidence indicates that, although discrimination existed at the time the personnel action was
taken, the personnel action would have been taken even absent discrimination, the agency shall nevertheless
eliminate any discriminatory practice and ensure it does not recur.
(3) Cancellation of an unwarranted personnel action and restoration of the employee.
(4) Expunction from the agency's records of any adverse materials relating to the discriminatory employment practice.
(5) Full opportunity to participate in the employee benefit denied (e.g., training, preferential work assignments, overtime
scheduling).
(d) The agency has the burden of proving by a preponderance of the evidence that the complainant has failed to mitigate his
or her damages.
(e) Attorney's fees or costs (1) Awards of attorney's fees or costs. The provisions of this paragraph relating to the award of attorney's fees or costs
shall apply to allegations of discrimination prohibited by title VII and the Rehabilitation Act. In a decision or final
action, the agency, administrative judge, or Commission may award the applicant or employee reasonable attorney's
fees (including expert witness fees) and other costs incurred in the processing of the complaint.
(i)

A finding of discrimination raises a presumption of entitlement to an award of attorney's fees.

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(ii) Any award of attorney's fees or costs shall be paid by the agency.
(iii) Attorney's fees are allowable only for the services of members of the Bar and law clerks, paralegals or law
students under the supervision of members of the Bar, except that no award is allowable for the services of
any employee of the Federal Government.
(iv) Attorney's fees shall be paid for services performed by an attorney after the filing of a written complaint,
provided that the attorney provides reasonable notice of representation to the agency, administrative judge or
Commission, except that fees are allowable for a reasonable period of time prior to the notification of
representation for any services performed in reaching a determination to represent the complainant. Agencies
are not required to pay attorney's fees for services performed during the pre-complaint process, except that
fees are allowable when the Commission affirms on appeal an administrative judge's decision finding
discrimination after an agency takes final action by not implementing an administrative judge's decision.
Written submissions to the agency that are signed by the representative shall be deemed to constitute notice
of representation.
(2) Amount of awards.
(i)

When the agency, administrative judge or the Commission determines an entitlement to attorney's fees or
costs, the complainant's attorney shall submit a verified statement of attorney's fees (including expert witness
fees) and other costs, as appropriate, to the agency or administrative judge within 30 days of receipt of the
decision and shall submit a copy of the statement to the agency. A statement of attorney's fees and costs
shall be accompanied by an affidavit executed by the attorney of record itemizing the attorney's charges for
legal services. The agency may respond to a statement of attorney's fees and costs within 30 days of its
receipt. The verified statement, accompanying affidavit and any agency response shall be made a part of the
complaint file.

(ii)
(A) The agency or administrative judge shall issue a decision determining the amount of attorney's fees or
costs due within 60 days of receipt of the statement and affidavit. The decision shall include a notice of
right to appeal to the EEOC along with EEOC Form 573, Notice of Appeal/Petition and shall include the
specific reasons for determining the amount of the award.
(B) The amount of attorney's fees shall be calculated using the following standards: The starting point shall
be the number of hours reasonably expended multiplied by a reasonable hourly rate. There is a strong
presumption that this amount represents the reasonable fee. In limited circumstances, this amount may
be reduced or increased in consideration of the degree of success, quality of representation, and long
delay caused by the agency.
(C) The costs that may be awarded are those authorized by 28 U.S.C. 1920 to include: Fees of the reporter for
all or any of the stenographic transcript necessarily obtained for use in the case; fees and disbursements
for printing and witnesses; and fees for exemplification and copies necessarily obtained for use in the
case.
(iii) Witness fees shall be awarded in accordance with the provisions of 28 U.S.C. 1821, except that no award shall
be made for a Federal employee who is in a duty status when made available as a witness.
[57 FR 12646, Apr. 10, 1992, as amended at 60 FR 43372, Aug. 21, 1995; 64 FR 37659, July 12, 1999]

§ 1614.502 Compliance with final Commission decisions.
(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.
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(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 agency shall provide the
relief ordered and there is no further right to delay implementation of the ordered relief. The relief shall be provided in full
not later than 120 days after receipt of the final decision unless otherwise ordered in the decision.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37660, July 12, 1999; 77 FR 43506, July 25, 2012]

§ 1614.503 Enforcement of final Commission decisions.
(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 Special Counsel for enforcement action.
(g) Notification to complainant of completion of administrative efforts. Where the Commission has determined that an
agency is not complying with a prior decision, or where an agency has failed or refused to submit any required report of
compliance, the Commission shall notify the complainant of the right to file a civil action for enforcement of the decision
pursuant to Title VII, the ADEA, the Equal Pay Act or the Rehabilitation Act and to seek judicial review of the agency's
refusal to implement the ordered relief pursuant to the Administrative Procedure Act, 5 U.S.C. 701 et seq., and the
mandamus statute, 28 U.S.C. 1361, or to commence de novo proceedings pursuant to the appropriate statutes.

§ 1614.504 Compliance with settlement agreements and final action.
(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
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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, alternatively, for a settlement agreement, it may order that the complaint be reinstated for
further processing from the point processing ceased. Allegations that subsequent acts of discrimination violate a
settlement agreement shall be processed as separate complaints under § 1614.106 or § 1614.204, as appropriate, rather
than under this section.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37660, July 12, 1999; 77 FR 43506, July 25, 2012]

§ 1614.505 Interim relief.
(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 will be unduly disruptive to the work environment.
However, prospective pay and benefits must be provided. The determination not to return the complainant to his or
her place of employment is not reviewable. A grant of interim relief does not insulate a complainant from
subsequent disciplinary or adverse action.
(b) If the agency files an appeal and has not provided required interim relief, the complainant may request dismissal of the
agency's appeal. Any such request must be filed with the Office of Federal Operations within 25 days of the date of
service of the agency's appeal. A copy of the request must be served on the agency at the same time it is filed with
EEOC. The agency may respond with evidence and argument to the complainant's request to dismiss within 15 days of
the date of service of the request.
[64 FR 37660, July 12, 1999, as amended at 85 FR 35562, June 11, 2020]

Subpart F - Matters of General Applicability
§ 1614.601 EEO group statistics.
(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.

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(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 the
advance written approval of the Commission.
(e) The agency may use the data only in studies and analyses which contribute affirmatively to achieving the objectives of
the equal employment opportunity program. An agency shall not establish a quota for the employment of persons on the
basis of race, color, religion, sex, or national origin.
(f) Data on disabilities shall be collected using a method permitted under § 1614.203(d)(6)(ii) and § 1614.203(d)(6)(iii).
(g) An agency shall report to the Commission on employment by race, national origin, sex and disability in the form and at
such times as the Commission may require.
[57 FR 12646, Apr. 10, 1992, as amended at 74 FR 63984, Dec. 7, 2009; 82 FR 681, Jan. 3, 2017]

§ 1614.602 Reports to the Commission.
(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.

§ 1614.603 Voluntary settlement attempts.
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.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37661, July 12, 1999]
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§ 1614.604 Filing and computation of time.
(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) The time limits in this part are subject to waiver, estoppel and equitable tolling.
(d) 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.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37661, July 12, 1999]

§ 1614.605 Representation and official time.
(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 attorney. The complainant must serve all official correspondence on
the designated representative of the agency.
(e) The Complainant shall at all times be responsible for proceeding with the complaint whether or not he or she has
designated a representative.
(f) Witnesses who are Federal employees, regardless of their tour of duty and regardless of whether they are employed by
the respondent agency or some other Federal agency, shall be in a duty status when their presence is authorized or
required by Commission or agency officials in connection with a complaint.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37661, July 12, 1999]

§ 1614.606 Joint processing and consolidation of complaints.
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.

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[64 FR 37661, July 12, 1999]

§ 1614.607 Delegation of authority.
An agency head may delegate authority under this part, to one or more designees.

Subpart G - Procedures Under the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act)
Authority: Sec. 303, Pub. L. 107-174, 116 Stat. 574.
Source: 71 FR 43650, Aug. 2, 2006, unless otherwise noted.

§ 1614.701 Purpose and scope.
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.

§ 1614.702 Definitions.
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) The phrase final action by an agency refers to the step of the federal sector EEO process described in 29 CFR 1614.110
and, for purposes of this subpart, it commences when the agency receives a decision by an Administrative Judge (AJ),
receives a request from the complainant for an immediate final decision without a hearing or fails to receive a response
to a notice issued under § 1614.108(f) and ceases when the agency issues a final order or final decision on the
complaint.
(h) The phrase final action by an agency involving a finding of discrimination means:
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(1) A final order issued by an agency pursuant to § 1614.110(a) following a finding of discrimination by an
administrative judge; and
(2) A final decision issued by an agency pursuant to § 1614.110(b) in which the agency finds discrimination.
(i)

The term appeal refers to the step of the federal sector EEO process described in 29 CFR 1614.401 and, for purposes of
this subpart, it commences when the appeal is received by the Commission and ceases when the appellate decision is
issued.

(j)

The term basis of alleged discrimination refers to the individual's protected status (i.e., race, color, religion, reprisal, sex,
national origin, Equal Pay Act, age, disability, or genetic information). Only those bases protected by Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., the Equal Pay Act of 1963, 29 U.S.C. 206(d), the Age
Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq., the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 791 et seq., and the Genetic Information Nondiscrimination Act, 42 U.S.C. 2000ff et seq., are covered
by the federal EEO process.

(k) The term issue of alleged discrimination means one of the following challenged agency actions affecting a term or
condition of employment as listed on EEOC Standard Form 462 (“Annual Federal Equal Employment Opportunity
Statistical Report of Discrimination Complaints”): Appointment/hire; assignment of duties; awards; conversion to full
time; disciplinary action/demotion; disciplinary action/reprimand; disciplinary action/suspension; disciplinary
action/removal; duty hours; evaluation/appraisal; examination/test; harassment/non-sexual; harassment/sexual; medical
examination; pay/overtime; promotion/non-selection; reassignment/denied; reassignment/directed; reasonable
accommodation; reinstatement; retirement; termination; terms/conditions of employment; time and attendance; training;
and, other.
(l)

The term subordinate component refers to any organizational sub-unit directly below the agency or department level
which has 1,000 or more employees and is required to submit EEOC Form 715-01 to EEOC pursuant to EEOC Equal
Employment Opportunity Management Directive 715.

[57 FR 12646, Apr. 10, 1992, as amended at 74 FR 63984, Dec. 7, 2009]

§ 1614.703 Manner and format of data.
(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 shall appear in horizontal rows.
When reading from top to bottom, the order of the categories shall be in the same order as those categories appear
in § 1614.704(a) through (m).
(3) When posting data pursuant to § 1614.704(d) and (j), bases of discrimination shall be arranged in the order in which
they appear in § 1614.702(j). The category “non-EEO basis” shall be posted last, after the basis of “disability.”
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(4) When posting data pursuant to § 1614.704(e) and (k), issues of discrimination shall be arranged in the order in
which they appear in § 1614.702(k). Only those issues set forth in § 1614.702(k) shall be listed.
(g) Agencies shall ensure that the data they post under this subpart can be readily accessed through one or more
commercial search engines.
(h) Within 60 days of the effective date of this rule, an agency shall provide the Commission the Uniform Resource Locator
(URL) for the data it posts under this subpart. Thereafter, new or changed URLs shall be provided within 30 days.
(i)

Processing times required to be posted under this subpart shall be recorded using number of days.

§ 1614.704 Information to be posted - all Federal agencies.
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 respective basis that were rendered without a hearing, and
(3) The number and percentage for each respective basis that were rendered after a hearing.

(k) 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 for each respective issue,
(2) The number and percentage for each respective issue that were rendered without a hearing, and
(3) The number and percentage for each respective issue that were rendered after a hearing.
(l)

Of the total number of complaints pending for any length of time in such fiscal year,
(1) The number that were first filed before the start of the then current fiscal year,

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(2) Of those complaints falling within subsection (l)(1),
(i)

The number of individuals who filed those complaints, and

(ii) The number that are pending, respectively, at the investigation, hearing, final action by an agency, and appeal
step of the process.
(m) Of the total number of complaints pending for any length of time in such fiscal year, the total number of complaints in
which the agency has not completed its investigation within the time required by 29 CFR 1614.106(e)(2) plus any
extensions authorized by that section or § 1614.108(e).

§ 1614.705 Comparative data - all Federal agencies.
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.

§ 1614.706 Other data.
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.

§ 1614.707 Data to be posted by 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,
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(i)

The number that were first filed before the start of the then current fiscal year, and

(ii) The number of individuals who filed those hearing requests in earlier fiscal years.
(11) Of the total number of hearing requests pending for any length of time in such fiscal year, the total number in which
the Commission failed to complete the hearing step within the time required by § 1614.109(i).
(b) 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 EEO appeals filed under part 1614.
(1) The number of appeals filed in such fiscal year.
(2) The number of individuals filing those appeals (including as the agent of a class).
(3) The number of individuals who filed two or more of those appeals.
(4) The number of those appeals raising each of the various bases of alleged discrimination.
(5) The number of those appeals raising each of the various issues of alleged discrimination.
(6) The average length of time it has taken EEOC to issue appellate decisions for:
(i)

All appeals pending for any length of time during such fiscal year;

(ii) All appeals pending for any length of time during such fiscal year in which a hearing was not requested; and
(iii) All appeals pending for any length of time during such fiscal year in which a hearing was requested.
(7)
(i)

The total number of appellate decisions rendered in such fiscal year involving a finding of discrimination and,
of that number,

(ii) The number and percentage that involved a final action by an agency rendered without a hearing, and
(iii) The number and percentage that involved a final action by an agency after a hearing.
(8) Of the total number of appellate decisions rendered in such fiscal year involving a finding of discrimination,
(i)

The number and percentage of those based on each respective basis of discrimination,

(ii) The number and percentage for each respective basis that involved a final action by an agency rendered
without a hearing, and
(iii) The number and percentage for each respective basis that involved a final action by an agency rendered after a
hearing.
(9) Of the total number of appellate decisions rendered in such fiscal year involving a finding of discrimination,
(i)

The number and percentage for each respective issue of discrimination,

(ii) The number and percentage for each respective issue that involved a final action by an agency rendered
without a hearing, and
(iii) The number and percentage for each respective issue that involved a final action by an agency rendered after a
hearing.
(10) Of the total number of appeals pending for any length of time in such fiscal year,
(i)

The number that were first filed before the start of the then current fiscal year, and

(ii) The number of individuals who filed those appeals in earlier fiscal years.

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