[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: 24CFR7.25]



[Page 121-122]

 

                 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.  7.25  Pre-complaint processing.



    (a) An ``aggrieved person'' must request counseling in accordance 

with 29 CFR 1614.105(a). The aggrieved person must initiate contact with 

an EEO Counselor within 45 days of the date of



[[Page 122]]



the matter alleged to be discriminatory or, in the case of a personnel 

action, within 45 days of the effective date of the action. EEOC's 

regulation at 29 CFR 1614.105 shall govern the Department's pre-

complaint processing.

    (b) The Department or the EEOC shall extend the 45-day time limit in 

paragraph (a) of this section when the individual shows that the 

individual was not notified of the time limits and was not otherwise 

aware of them, that the individual did not know and reasonably should 

not have known that the discriminatory matter or personnel action 

occurred, that despite due diligence the individual was prevented by 

circumstances beyond the individual's control from contacting the EEO 

Counselor within the time limits, or for other reasons considered 

sufficient by the ODEEO or the EEOC.

    (c) At the initial counseling session, EEO Counselors must advise 

individuals, in writing, of their rights and responsibilities, 

including:

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

Administrative Judge of the EEOC or an immediate final decision from the 

Department following an investigation in accordance with 29 CFR 

1614.108(f);

    (2) Election rights pursuant to 29 CFR 1614.301 and 29 CFR 1614.302;

    (3) The right to file a notice of intent to sue pursuant to 29 CFR 

1614.201(a) and a lawsuit under the ADEA instead of an administrative 

complaint of age discrimination under this subpart;

    (4) The duty to mitigate damages;

    (5) Relevant time frames; and

    (6) The requirement that only the claims raised in pre-complaint 

counseling (or claims like or related to claims raised in pre-complaint 

counseling) may be alleged in a subsequent complaint filed with the 

Department.