[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: 24CFR7.33]



[Page 124-125]

 

                 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.  7.33  Contents of the complaint.



    (a) Information to be included in complaint. (1) The complaint filed 

should include the following information:

    (i) The specific claim or personnel matter which is alleged to be 

discriminatory;

    (ii) The date the act or matter occurred;

    (iii) The protected basis or bases on which the alleged 

discrimination occurred;

    (iv) Facts and other pertinent information to support the claim(s) 

of discrimination; and

    (v) The relief desired.

    (2) To expedite the processing of complaints of discrimination, the 

Complainant may use the HUD EEO-1 Complaint Form to file the complaint.

    (b) Amendments. (1) A Complainant may amend a complaint at any time 

prior to the conclusion of the investigation to include issues or claims 

like or related to those raised in the complaint. After requesting a 

hearing, a Complainant may file a motion with the EEOC Administrative 

Judge to amend a complaint to include issues or claims like or related 

to those raised in the complaint.

    (2) The Department shall acknowledge receipt of a complaint or an 

amendment to a complaint in writing and inform the Complainant of the 

date on which the complaint or amendment was filed. The Department shall 

advise the Complainant in the acknowledgment of the EEOC office and its 

address where a request for a hearing shall be sent. Such acknowledgment 

shall also advise the Complainant that:

    (i) The Complainant has the right to appeal the dismissal of or 

final action on a complaint; and

    (ii) The Department is required to conduct an impartial and 

appropriate investigation of the complaint within 180 days of the filing 

of the complaint unless the parties agree in writing to extend the time 

period. When a complaint has been amended, the Department shall complete 

its investigation within the earlier of 180 days after the last 

amendment to the complaint or 360 days after the filing of the original 

complaint, except that the Complainant may request a hearing from an 

EEOC Administrative Judge on the consolidated complaints any time after 

180 days from the date of the first filed complaint.

    (c) Joint processing and consolidation. (1) Complaints of 

discrimination filed by two or more Complainants consisting of 

substantially similar allegations of discrimination or relating to the 

same matter may be consolidated by the Department or the EEOC for joint 

processing after appropriate notification to the parties.

    (2) Two or more complaints of discrimination filed by the same 

Complainant shall be consolidated by the Department for joint processing 

after appropriate notification to the Complainant. When a complaint has 

been consolidated with one or more earlier filed complaints, the 

Department shall complete its investigation within the earlier of 180 

days after the filing of the last complaint or 360 days after the filing 

of the original complaint, except that the Complainant may request a 

hearing from an EEOC Administrative Judge on the consolidated complaints 

any time after 180 days from the date of the first filed complaint.

    (3) EEOC Administrative Judges or the EEOC may, in their discretion, 

consolidate two or more complaints of discrimination filed by the same 

Complainant.

    (d) Class complaints--(1) Definitions. (i) A class is a group of 

employees, former employees or applicants for employment who, it is 

alleged, have been or are being adversely affected by the Department's 

personnel management policy or practice that discriminates against the 

group on the basis of their common race, color, religion, sex, national 

origin, age, disability, or in reprisal for participating in protected 

EEO activity or for opposing a practice made illegal under the EEO 

statutes.

    (ii) A class complaint is a written complaint of discrimination 

filed on behalf of a class by the agent of the class that satisfies the 

requirements of 29 CFR 1614.204.



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    (2) Pre-complaint processing. A current or former employee or 

applicant who wishes to file a class complaint must be counseled in 

accordance with 29 CFR 1614.105. A Complainant may move for class 

certification at any reasonable point in the process when it becomes 

apparent that there are class implications to the claim raised in an 

individual complaint. If a Complainant moves for class certification 

after completing the counseling process in 29 CFR 1614.105, no 

additional counseling is required. Class certification shall be denied 

by the EEOC Administrative Judge, when the Complainant has unduly 

delayed in moving for certification.

    (3) Certification. Class complaints are certified by an EEOC 

Administrative Judge in accordance with the provisions of 29 CFR 

1614.204.

    (e) Mixed case complaints--(1) Definitions. A mixed case complaint 

is a complaint of employment discrimination filed with a Federal agency 

based on race, color, religion, sex, national origin, age, disability, 

or in reprisal for participating in protected EEO activity or for 

opposing a policy or practice made illegal by the EEO statutes, related 

to or stemming from an action that can be appealed to the Merit Systems 

Protection Board (MSPB). The complaint may contain only a claim of 

employment discrimination or the complaint may contain additional claims 

that the MSPB has jurisdiction to address.

    (2) Election. An aggrieved person may initially file a mixed case 

complaint with the Department pursuant to this section or an appeal on 

the same matter with the MSPB pursuant to 5 CFR 1201.151, but not both. 

The Department shall inform every employee who is the subject of an 

action that is appealable to the MSPB and who has either orally or in 

writing raised the issue of discrimination during the processing of the 

action of the right to file either a mixed case complaint with the 

Department or to file a mixed case appeal with the MSPB. If a person 

files a mixed case appeal with the MSPB instead of a mixed case 

complaint and the MSPB dismisses the appeal for jurisdictional reasons, 

the Department shall promptly notify the individual in writing of the 

right to contact an EEO counselor within 45 days of receipt of this 

notice and to file an EEO complaint, subject to 29 CFR 1614.107.

    (3) Procedures for agency processing of mixed case complaints. When 

a complainant elects to proceed initially under 29 CFR part 1614, 

subpart C, rather than with the MSPB, the procedures in 29 CFR part 

1614, subpart A, shall govern the processing of the mixed case complaint 

with the following exceptions:

    (i) At the time the Department advises a Complainant of the 

acceptance of a mixed case complaint, the Department shall also advise 

the Complainant that:

    (A) If a final decision is not issued within 120 days of the date of 

filing of the mixed case complaint, the Complainant may appeal the 

matter to the MSPB at any time thereafter as specified at 5 CFR 

1201.154(b)(2) or may file a civil action as specified at 29 CFR 

1614.310(g), but not both; and

    (B) If the Complainant is dissatisfied with the Department's final 

decision on the mixed case complaint, the Complainant may appeal the 

matter to MSPB (not EEOC) within 30 days of receipt of the Department's 

final decision;

    (ii) Upon completion of the investigation, the notice provided the 

Complainant in accordance with 29 CFR 1614.108(f) will advise the 

Complainant that a final decision will be issued within 45 days without 

a hearing; and

    (iii) At the time that the Department issues its final decision on a 

mixed case complaint, the Department shall advise the Complainant of the 

right to appeal the matter to the MSPB (not EEOC) within 30 days of 

receipt and of the right to file a civil action as provided at 29 CFR 

1614.310(a).

    (4) Dismissal. The Department may dismiss a mixed case complaint for 

the reasons provided in, and under the conditions prescribed in 29 CFR 

1614.107. If MSPB's Administrative Judge finds that MSPB does not have 

jurisdiction over the matter, the Department shall resume processing of 

the complaint as a non-mixed case EEO complaint.



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