[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: 24CFR7.44]



[Page 133-134]

 

                 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.  7.44  Interim relief.



    (a) When the Department appeals and the case involves removal, 

separation, or suspension continuing beyond the date of the appeal, and 

when the EEOC



[[Page 134]]



Administrative Judge's 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 in the decision, pending the outcome of the 

Department appeal. The employee may decline the offer of interim relief.

    (b) Service under the temporary or conditional restoration 

provisions of paragraph (a) 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 the decision on appeal. Such service shall 

not be credited toward the completion of any applicable probationary or 

trial period or the completion of the service requirement for career 

tenure, if the EEOC reverses the decision on appeal.

    (c) When the Department appeals, the Department may delay the 

payment of any amount, other than prospective pay and benefits, ordered 

to be paid to the Complainant until after the appeal is resolved. If the 

Department delays payment of any amount pending the outcome of the 

appeal and the resolution of the appeal requires the Department to make 

the payment, then the Department shall pay interest from the date of the 

original decision until payment is made.

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

at the same time the Department appeals 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 (c) of this section. Failure of the 

Department to provide notification will result in the dismissal of the 

Department's appeal.

    (e) The Department may, by notice to the Complainant, decline to 

return the Complainant to the Complainant's place of employment if the 

Department determines that the return or presence of the Complainant 

will be unduly disruptive to the work environment. However, prospective 

pay and benefits must be provided. The determination not to return the 

Complainant to the Complainant's place of employment is not reviewable. 

A grant of interim relief does not insulate a Complainant from 

subsequent disciplinary or adverse action.

    (f) If the Department files an appeal and has not provided required 

interim relief, the Complainant may request dismissal of the 

Department's appeal. Any such request must be filed with the Office of 

Federal Operations within 25 days of the date of service of the 

Department's appeal. A copy of the request must be served on the 

Department at the same time the request is filed with EEOC. The 

Department may respond with evidence and argument to the Complainant's 

request to dismiss within 15 days of the date of service of the request.



                  Statistics and Reporting Requirements