[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: 24CFR7.42]



[Page 133]

 

                 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.  7.42  Enforcement of EEOC final decisions.



    (a) Petition for enforcement. A Complainant may petition the EEOC 

for enforcement of a decision issued under the EEOC's appellate 

jurisdiction. The petition shall be submitted to the Office of Federal 

Operations. The petition shall specifically provide the reasons that led 

the Complainant to believe that the Department is not complying with the 

decision.

    (b) Referral to the EEOC. Where the Director, Office of Federal 

Operations, is unable to obtain satisfactory compliance with the final 

decision, the Director shall submit appropriate findings and 

recommendations for enforcement to the EEOC, or, as directed by the 

EEOC, refer the matter to another appropriate Department.

    (c) EEOC notice to show cause. The EEOC may issue a notice to the 

Secretary that the Department has failed to comply with a decision and 

to show cause why there is noncompliance. Such notice may request the 

head of the Department or a representative to appear before the EEOC or 

to respond to the notice in writing with adequate evidence of compliance 

or with compelling reasons for non-compliance.

    (d) Notification to complainant of completion of administrative 

efforts. Where the EEOC has determined that the Department is not 

complying with a prior decision, or where the Department has failed or 

refused to submit any required report of compliance, the EEOC shall 

notify the Complainant of the right to file a civil action for 

enforcement of the decision pursuant to title VII, the ADEA, the Equal 

Pay Act or the Rehabilitation Act and to seek judicial review of the 

Department's refusal to implement the ordered relief in accordance with 

the Administrative Procedure Act (5 U.S.C. 701 et seq.), and the 

mandamus statute (28 U.S.C. 1361), or to commence new proceedings in 

accordance with the appropriate statutes.