[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR7.12]



[Page 118-119]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 7_EQUAL EMPLOYMENT OPPORTUNITY; POLICY, PROCEDURES AND PROGRAMS

--Table of Contents

 

  Subpart A_Equal Employment Opportunity Without Regard to Race, Color 

       Religion, Sex, National Origin, Age, Disability or Reprisal

 

Sec.  7.12  Responsibilities of the EEO Counselors.



    The EEO Counselor is responsible for counseling and attempting 

resolution of matters brought to the EEO Counselor's attention pursuant 

to Sec. Sec.  7.25 and 7.30 and 29 CFR part 1614, by any current or 

former employee or applicant for employment who believes that he or she 

has been discriminated against because of race, color, religion, sex, 

national origin, age, disability or in reprisal for participating in EEO 

activity or opposing policies and practices that are illegal under the 

EEO statutes. These responsibilities include, but are not limited to:

    (a) Advising individuals, in writing, of their rights and 

responsibilities, including:

    (1) The right to request a hearing and decision from EEOC or an 

immediate final decision from the agency after an investigation;

    (2) Election rights;

    (3) The right to file a notice of intent to sue and a lawsuit under 

the ADEA instead of an administrative complaint of age discrimination; 

and

    (4) The duty to mitigate damages;

    (5) Relevant time frames.

    (b) EEO Counselors shall advise aggrieved persons that only the 

claims raised in pre-complaint counseling (or issues or claims like or 

related to claims raised in pre-complaint counseling) may be alleged in 

a subsequent complaint filed with the Department.

    (c) EEO Counselors shall advise aggrieved persons of their duty to 

keep the Department and EEOC informed of their current address and the 

name of the representative, if applicable, and to serve copies of 

hearing and appeal notices on the Department.

    (d) EEO Counselors shall provide to the aggrieved person the notice 

of the right to file an individual or a class complaint. If the 

aggrieved person informs the EEO Counselor that the aggrieved person 

wishes to file a class



[[Page 119]]



complaint, the EEO Counselor shall explain the class complaint 

procedures and the responsibilities of a class agent and provide class 

complaint counseling prior to the issuance of the notice of right to 

file a complaint.

    (e) EEO Counselors shall advise aggrieved persons that, where the 

Department agrees to offer ADR in a particular case, they may choose 

between participation in the EEO ADR Program and the traditional EEO 

counseling process. The EEO Counselor shall conduct the final interview 

with the aggrieved person within 30 days of the date the aggrieved 

person initially contacted the Department's EEO office to request 

counseling, unless the aggrieved person agrees to a longer counseling 

period or if the aggrieved person elects the ADR program and agrees to 

extend the initial 30-day pre-complaint period for an additional period 

of no more than 60 days.

    (f) If the matter has not been resolved before the conclusion of the 

agreed extension, the EEO Counselor shall issue the notice of right to 

file a discrimination complaint no later than the 90th day of the 

aggrieved person's initial contact with the EEO Office. The notice shall 

inform the aggrieved person of the right to file a discrimination 

complaint within 15 days of receipt of the notice; of the appropriate 

official with whom to file a complaint; and of the aggrieved person's 

duty to assure that the Department is informed immediately if the 

aggrieved person retains counsel or a representative and if the 

aggrieved person changes address.

    (g) EEO Counselors shall prepare a report sufficient to document the 

fact that the required counseling actions were taken and an attempt to 

resolve any jurisdictional questions was made. The report shall include 

a precise description of the claim(s) and the basis(es) identified by 

the aggrieved person; pertinent documents gathered during the inquiry, 

specific information concerning timeliness of the initial counseling 

contact, and a statement as to whether a resolution attempt was 

undertaken, and if so, the disposition.

    (h) EEO Counselors shall not attempt in any way to dissuade the 

aggrieved person from filing an EEO complaint. The EEO Counselor shall 

not reveal to the responsible management officials the identity of an 

aggrieved person who consulted the EEO Counselor, except when authorized 

to do so by the aggrieved person, or until the Department has received a 

formal discrimination complaint from that person involving that same 

matter.