[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: 24CFR7.41]



[Page 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.  7.41  Compliance with EEOC final decisions.



    (a) Relief ordered in a final EEOC decision is mandatory and binding 

on the Department except as provided in this section. The Department's 

failure to implement ordered relief shall be subject to judicial 

enforcement, as specified in 29 CFR 1614.503(g).

    (b) Notwithstanding paragraph (a) of this section, when the 

Department requests reconsideration and the case involves removal, 

separation, or suspension continuing beyond the date of the request for 

reconsideration, and when the decision orders retroactive restoration, 

the Department shall comply with the decision to the extent of the 

temporary or conditional restoration of the employee to duty status in 

the position specified by the EEOC, pending the outcome of the 

Department's request for reconsideration.

    (1) Service under the temporary or conditional restoration 

provisions of paragraph (b) of this section shall be credited toward the 

completion of a probationary or trial period, eligibility for a within-

grade increase, or the completion of the service requirement for career 

tenure, if the EEOC upholds its decision after reconsideration.

    (2) When the Department requests reconsideration, the Department may 

delay the payment of any amounts ordered to be paid to the Complainant 

until after the request for reconsideration is resolved. If the 

Department delays payment of any amount pending the outcome of the 

request to reconsider and the resolution of the request requires the 

Department to make the payment, then the Department shall pay interest 

from the date of the original appellate decision until payment is made.

    (3) The Department shall notify the EEOC and the employee in writing 

at the same time the Department requests reconsideration that the relief 

the Department provides is temporary or conditional and, if applicable, 

that the Department will delay the payment of any amounts owed but will 

pay interest as specified in paragraph (b)(2) of this section. Failure 

of the Department to provide notification will result in the dismissal 

of the Department's request.

    (4) When no request for reconsideration is filed or when a request 

for reconsideration is denied, the Department shall provide the relief 

ordered and there is no further right to delay implementation of the 

ordered relief. The relief shall be provided in full not later than 60 

days after receipt of the final decision, unless otherwise ordered in 

the decision.



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