76.
On Completion of Investigation
Within 180 days from the filing of the complaint, the EEO staff
will notify the complainant that the investigation has been completed and
will provide the complainant with a copy of the Report of Investigation
(ROI) and investigative file. The EEO staff will notify the complainant
that within 30 days of receipt of the ROI and investigative file, the
complainant has the right to either:
- Request an EEOC Hearing before an Administrative Judge who reviews the
investigative file, approves discovery requests and schedules and conducts
the Hearing. The EEOC Hearing is recorded and a verbatim transcript will be
provided. The administrative judge makes findings and recommended
decision(s) to the EOUSA.
or
- Receive a Final Agency Decision Without a Hearing. The Complaint
Adjudication Officer shall issue a Final Agency Decision on the merits of
each issue in the complaint which will include appropriate remedies if
discrimination is found. If there is no finding of discrimination, the
complainant will be provided Notice of Right to Appeal to the EEOC.
or
- Civil Action. The complainant may file a civil action in the
appropriate United States District Court at any time after 180 days have
elapsed from the date of the filing of the complaint.
[cited in USAM 3-5.211]
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