[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: 24CFR7.34]



[Page 126]

 

                 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.  7.34  Acceptability.



    (a) The Director of EEO shall determine whether a complaint comes 

within the purview of 29 CFR part 1614 and shall advise the Complainant 

and Complainant's representative, if applicable, in writing of the 

acceptance or dismissal of the claims(s) of the complaint. The Notice of 

Receipt is provided to the Complainant, Complainant's representative, if 

applicable, and to the organizational unit through the appropriate EEO 

Officer and DCM.

    (b) Dismissals of complaints are governed by the notice requirements 

and procedures in 29 CFR 1614.106(e)(1) and 29 CFR 1614.107.

    (c) Prior to a request for a hearing in a case, the Department shall 

dismiss an entire complaint for any of the reasons provided in 29 CFR 

1614.107(a)(1) through (9), including a complaint that alleges 

dissatisfaction with the processing of a previously filed complaint; or 

where the Department, strictly applying the criteria in EEOC decisions, 

finds that the complaint is part of a clear pattern of misuse of the EEO 

process for a purpose other than the prevention and elimination of 

employment discrimination. A clear pattern of misuse of the EEO process 

requires:

    (1) Evidence of multiple complaint filings; and

    (2) Claims that are similar or identical, lack specificity or 

involve matters previously resolved; or

    (3) Evidence of circumventing other administrative processes, 

retaliating against the Department's in-house administrative processes 

or overburdening the EEO complaint system.

    (d) Where the Director of EEO believes that some, but not all, of 

the claims in a complaint should be dismissed for the reasons provided 

in this section and 29 CFR 1614.107(a)(1) through (9), the Department 

shall notify the Complainant in writing of its determination, the 

rationale for that determination and that those claims will not be 

investigated, and shall place a copy of the notice in the investigative 

file. A determination under 29 CFR 1614.107(b)(1) that some claims 

should be dismissed is reviewable by an EEOC Administrative Judge if a 

hearing is requested on the remainder of the complaint, but is not 

appealable until final action is taken on the remainder of the 

complaint.