[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: 24CFR7.43]



[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.  7.43  Settlement agreements.



    (a) The Department shall make reasonable efforts to voluntarily 

settle complaints of discrimination as early as possible in, and 

throughout, the administrative processing of complaints, including the 

pre-complaint counseling stage. These efforts shall include ADR. Any 

settlement reached shall:

    (1) Be in writing;

    (2) Identify the claims resolved;

    (3) Be signed by both parties and/or their designees; and

    (4) Otherwise comply with 29 CFR part 1614.

    (b) Any settlement agreement knowingly and voluntarily agreed to by 

the parties, reached at any stage of the complaint process, shall be 

binding on both parties. Final action that has not been the subject of 

an appeal or civil action shall be binding on the Department. If the 

Complainant believes that the Department has failed to comply with the 

terms of a settlement agreement or decision, the Complainant shall 

notify the Director of EEO, in writing, of the alleged noncompliance 

within 30 days of when the Complainant knew or should have known of the 

alleged noncompliance. The Complainant may request that the terms of the 

settlement agreement be specifically implemented or, alternatively, that 

the complaint be reinstated for further processing from the point 

processing ceased.

    (c) The Department shall resolve the matter and respond to the 

Complainant, in writing. If the Department has not responded to the 

Complainant, in writing, or if the Complainant is not satisfied with the 

Department's attempt to resolve the matter, the Complainant may appeal 

to the EEOC for a determination as to whether the Department has 

complied with the terms of the settlement agreement or final decision. 

The Complainant may file such an appeal 35 days after the Complainant 

has served the Department with the allegations of noncompliance, but 

must file an appeal within 30 days of the Complainant's receipt of the 

Department's determination. The Complainant must serve a copy of the 

appeal on the Department and the Department may submit a response to the 

EEOC within 30 days of receiving notice of the appeal.