[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: 24CFR7.40]



[Page 131-132]

 

                 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.  7.40  Remedies and enforcement.



    (a) Remedies and relief. When the Department, or the EEOC, in an 

individual case of discrimination, finds that a current or former 

employee or applicant has been discriminated against, the Department 

shall provide full relief in accordance with 29 CFR 1614.501.

    (b) Attorney's fees and costs. In a decision or final action, the 

Department, EEOC Administrative Judge or the



[[Page 132]]



EEOC may award the applicant or current or former employee reasonable 

attorney's fees (including expert witness fees) and other costs incurred 

in the processing of the complaint.

    (1) Full relief in Title VII and Rehabilitation Act cases may 

include compensatory damages, an award of attorney's fees (including 

expert witness fees) and costs when requested and verified, in 

accordance with the requirements of 29 CFR 1614.501(e).

    (2) Time period and persons covered. Attorney's fees shall be paid 

for services performed by an attorney after the filing of a written 

complaint, provided that the attorney provides reasonable notice of 

representation to the Department, EEOC Administrative Judge or EEOC, 

except that fees are allowable for a reasonable period of time prior to 

the notification of representation for any services performed in 

reaching a determination to represent the Complainant. The Department is 

not required to pay attorney's fees for services performed during the 

pre-complaint process, except that fees are allowable when the EEOC 

affirms on appeal an EEOC Administrative Judge's decision finding 

discrimination after the Department takes final action by not 

implementing an EEOC Administrative Judge's decision or when the parties 

agree the Department will pay for attorney's fees for pre-complaint 

representation.

    (c) Notice of representation. Written submissions to the Department 

that are signed by the representative shall be deemed to constitute 

notice of representation.

    (d) Nonattorney fees and costs. Reporter, witness, printing and 

other related fees and costs may be awarded, in accordance with 29 CFR 

1614.501(e)(1)(iii) and 1614.501(e)(2)(ii)(C).