[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.702]

[Page 294-295]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614_FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
    Subpart G_Procedures Under the Notification and Federal Employee 
      Antidiscrimination and Retaliation Act (No Fear Act) of 2002
 
Sec. 1614.702  Definitions.

    The following definitions apply for purposes of this subpart:
    (a) The term Federal 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;

[[Page 295]]

    (c) The term investigation refers to the step of the federal sector 
EEO process described in 29 CFR 1614.108 and, for purposes of this 
subpart, it commences when the complaint is filed and ceases when the 
complainant is given notice under Sec. 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 this subpart, 
it commences when the EEOC Administrative Judge (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 Sec. 1614.704(h), (i) and (j), 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 
Sec. 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 Sec. 1614.704(h), (i) and (j), the term after a 
hearing refers to a final action by an agency that is rendered following 
a decision by an administrative judge under Sec. 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 Sec. 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:
    (1) A final order issued by an agency pursuant to Sec. 1614.110(a) 
following a finding of discrimination by an administrative judge; and
    (2) A final decision issued by an agency pursuant to Sec. 
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, sex, 
national origin, age, disability, or retaliation). Only those bases 
protected by Title VII of the Civil Rights Act of 1964, as amended, 42 
U.S.C. 2000e et seq.; the Age Discrimination in Employment Act of 1967, 
as amended, 29 U.S.C. 621 et seq.; the Equal Pay Act of 1963, 29 U.S.C. 
206(d); and the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791 
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 subelement refers to any organizational sub-unit 
directly below the agency or department level which has 1,000 or more 
employees.