[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR268.104]

[Page 803-804]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 268--RULES REGARDING EQUAL OPPORTUNITY--Table of Contents
 
          Subpart B--Board Program to Promote Equal Opportunity
 
Sec. 268.104  Pre-complaint processing.

    (a) Aggrieved persons who believe they have been discriminated 
against on the basis of race, color, religion, sex, national origin, age 
or disability 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 a personnel action, within 45 days of the effective 
date of the action.
    (2) The Board 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 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 Board 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 Board in accordance with Sec. 268.107(f), election 
rights pursuant to Sec. 268.302, the right to file a notice of intent to 
sue pursuant to Sec. 268.201(a) and a lawsuit under the ADEA instead of 
an administrative complaint of age discrimination under this part, the 
duty to mitigate damages, administrative and court time frames, and that 
only the claims raised in precomplaint counseling (or issues or claims 
like or related to issues or claims raised in pre-complaint counseling) 
may be alleged in a subsequent complaint filed with the Board. 
Counselors must advise individuals of their duty to keep the Board and 
the Commission informed of their current address and to serve copies of 
appeal papers on the Board. 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.
    (2) Counselors shall advise aggrieved persons that, where the Board 
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 EEO 
Programs Director 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 Board's EEO Programs 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 with the Board. This 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 EEO Programs Director 
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 Board to postpone the final interview and 
extend the counseling period for an additional period of

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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 Board has 
received a discrimination complaint under this part from that person 
involving the same matter.