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U.S. Attorneys' Manual

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U.S. Attorneys' Manual
EOUSA Resource Manual

96. Investigation of Allegations of Discrimination on the Basis of Disability in Federally Conducted Programs

  1. Any person who believes that he or she has been subjected to discrimination on the basis of disability in programs or activity conducted by the EOUSA may file a complaint with the EEO Assistant Director. Any person who believes that any specific class of persons has been subjected to such discrimination and who is a member of that class or the authorized representative of a member of that class may file a complaint with the EEO Assistant Director. See 28 C.F.R.§ 39.170(d)(1)(i).
     
  2. Complaints shall be filed within 180 days of the alleged act of discrimination. The EEO Assistant Director may extend this time limit for good cause shown. For purposes of determining when a complaint is timely filed under this section, a complaint mailed to the agency shall be deemed filed on the date it is postmarked. Any other complaint shall be deemed filed on the date it is received by the agency. See 28 C.F.R. § 39.170(d)(3).
     

  3. Complaints may be filed with:

    1. The EOUSA Director;

    2. The EEO Assistant Director; or

    3. Any designated agency official.

    Complaints received by the agency head or any other designated agency official must be forwarded immediately to the EEO Assistant Director. See 28 C.F.R § 39.170(d)(4)

  4. If the complaint is filed in accordance with the procedures outlined above, the EEO Assistant Director will notify the complainant and the respondent of receipt and acceptance of the complaint. See 28 C.F.R. § 39.170(f). If the EEO Assistant Director receives a complaint that is not complete, he or she shall notify the complainant, within 30 days of receipt of the incomplete complaint, that additional information is needed. If the complainant fails to complete the complaint within 30 days of receipt of this notice, the EEO Assistant Director shall dismiss the complaint without prejudice. See 28 C.F.R. § 39.170(f)(2). If the EEO Assistant Director receives a complaint over which the agency does not have jurisdiction, he/she shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate Government entity. See 28 C.F.R. § 39.170(f)(3).

  5. After the complaint has been accepted, the EEO Assistant Director may require agency employees to cooperate in the investigation and attempted resolution of the complaint. Employees who are required to participate in any investigation under this section shall do so as part of their official duties and during the course of regular duty hours. See 28 C.F.R. § 39.170(g)(2).
     
  6. The EEO Assistant Director shall furnish the complainant and the respondent a copy of the investigative report promptly after receiving it from the investigator and provide the complainant and respondent with an opportunity for informal resolution of the complaint. See 28 C.F.R. § 39.170(g)(3). If the complaint is resolved informally, the terms of the agreement shall be reduced to writing and made part of the complaint file, with a copy of the agreement provided to the complainant and respondent. The written agreement may include a finding on the issue of discrimination and shall describe any corrective action to which the complainant and respondent have agreed. See 28 C.F.R. § 39.170 (g)(4)
     

  7. If an informal resolution of the complaint is not reached, the EEO Assistant Director shall, within 180 days of receipt of the complete complaint, notify the complainant and the respondent of the results of the investigation in a letter sent by certified mail, return receipt requested, containing--

    1. Findings of fact and conclusions of law;

    2. A description of a remedy for each violation found;

    3. A notice of the right of the complainant and respondent to appeal to the Complaint Adjudication Officer; and

    4. A notice of the right of the complainant and respondent to request a hearing. See 28 C.F.R. § 39.170(h).

  8. An appeal to the Complaint Adjudication Officer, with or without a request for hearing, shall be filed by the complainant or the respondent with the EEO Assistant Director within 30 days of receipt of the letter required by the above paragraph of this section. See 28 C.F.R. § 39.170(i). If a timely appeal without a request for hearing is filed by a party, any other party may file a written request for hearing within the 30 day time limit specified above or within 10 days of the date on which the first timely appeal without a request for hearing was filed, whichever is later. See 28 C.F.R. § 39.170(i)(2)
     
  9. If no party requests a hearing, the EEO Assistant Director shall promptly transmit the notice of appeal and investigative record to the Complaint Adjudication Officer. If neither party files an appeal within the time prescribed in paragraph (h), the EEO Assistant Director shall certify that the letter of findings is the final agency decision on the complaint at the expiration of that time. See 28 C.F.R. § 39.170(i)(3) and 28 C.F.R. § 39.170(i)(4).

Note. Any complaint alleging violations of Section 504 of the Rehabilitation Act of 1973, amended, with respect to employment shall be processed according to the procedures in USAM  3-5.000 et seq.

[cited in USAM 3-5.211]