[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: 24CFR7.2]



[Page 114-115]

 

                 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.  7.2  Definitions.



    Aggrieved individual means a person who suffers a present harm or 

loss with respect to a term, condition, or privilege of employment for 

which there is a remedy. The terms ``aggrieved individual'' and 

``aggrieved person'', as used in this part, are interchangeable.

    Alternative Dispute Resolution (ADR) means a variety of approaches 

used to resolve conflict rather than traditional adjudicatory or 

adversarial methods such as litigation, hearings, and administrative 

processing and appeals. The approaches used may include, but are not 

limited to: negotiation, conciliation, facilitation, mediation, fact-

finding, peer review, mini-trial, arbitration, or ombudsman.

    Claim means action the agency has taken or is taking that causes the 

aggrieved person to believe that he or she is a victim of 

discrimination. This term replaces the formerly used term ``allegation'' 

and is used interchangeably with the term ``issue''.

    Comparable means a person designated as head of an organizational 

unit that is analogous to that headed by an Assistant Secretary.

    Conflict-of-interest complaint means an EEO complaint arising in the 

Department which names the Director of EEO or the Deputy Director of 

EEO, or both, as the responsible management officials.

    Director of Equal Employment Opportunity (EEO) means the Director of 

HUD's Office of Departmental Equal Employment Opportunity who is also 

designated as the Director of EEO in this part.

    Disability means the same as the term ``handicap'' under EEOC's 

regulations at 29 part 1614.

    Discrimination Complaint Manager (DCM) means the designee, appointed 

by the Assistant Secretary (EEO Officer) or the Assistant Secretary's 

comparable, who assists the EEO Officer in discharging his or her EEO 

responsibilities and is responsible for carrying out the EEO 

discrimination complaint process for the organizational unit pursuant to 

the applicable civil rights laws, the regulations at 29 CFR part 1614 

and this part.

    Diversity Program Manager means the designee appointed by the 

Assistant Secretary (EEO Officer) or the Assistant Secretary's 

comparable who assists the EEO Officer in promoting appreciation of the 

contributions of women, minorities, and persons with disabilities, and 

in promoting the value of all Department employees.

    EEO means equal employment opportunity.

    EEO Officer Pro Tem means the Chief of Staff or an official at a 

neutral federal agency designated to process an EEO claim that would be 

a conflict of interest for the Director of EEO or the Deputy Director of 

EEO or both. EEO Officer Pro Tem also refers to the Assistant Secretary 

or the Assistant Secretary-comparable designated by the Director of EEO 

to serve as the EEO Officer for an EEO claim that would be a conflict of 

interest for a responding Assistant Secretary or Assistant Secretary-

comparable.

    EEOC and Commission mean the Equal Employment Opportunity 

Commission.

    Final action means the Department's issuance of a final decision or 

final order.

    Final decision means HUD's determination of the findings of fact and 

law on the merits or the procedural issues of an EEO complaint based 

upon the available record.

    Final order means the Department's final action which states whether 

the Department will fully implement the



[[Page 115]]



decision or order of an EEOC Administrative Judge, or both.

    Neutral means an individual who mediates or otherwise functions to 

specifically aid the parties in resolving the issues, and has no 

official, financial, or personal conflict of interest with respect to 

the issues being disputed, unless such interest is fully disclosed in 

writing to all parties and all parties agree that the neutral may serve.

    Organizational unit means the jurisdictional area of the 

Department's program offices such as the Office of the Secretary, the 

Office of General Counsel, etc.

    Record means all documents related to the EEO complaint as outlined 

in EEOC Management Directive 110.

    Reprisal means the action taken against a current or former employee 

or applicant in retaliation for previous EEO participation in protected 

EEO activity or for opposing employment practice or policy illegal under 

EEO statutes. The terms ``reprisal'' and ``retaliation'' are used 

interchangeably.



[66 FR 20564, Apr. 23, 2001, as amended at 69 FR 62173, Oct. 22, 2004]