EEO 29 CFR Part 1614

PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY

"http://frwebgate.access.gpo.gov/cgi-bin/style.cgi"> The U.S. Equal Employment Opportunity
Commission

PART 1614--FEDERAL SECTOR EQUAL
EMPLOYMENT OPPORTUNITY
(PUBLISHED JULY 12, 1999; EFFECTIVE NOVEMBER 9, 1999)
Subpart A--Agency Program to Promote Equal Employment Opportunity
1614.101 General policy.
1614.102 Agency program.
1614.103 Complaints of discrimination covered by this part.
1614.104 Agency processing.
1614.105 Pre-complaint processing.
1614.106 Individual complaints.
1614.107 Dismissals of complaints.
1614.108 Investigation of complaints.
1614.109 Hearings.
1614.110 Final action by agencies.
Subpart B--Provisions Applicable to Particular Complaints
1614.201 Age Discrimination in Employment Act.
1614.202 Equal Pay Act.
1614.203 Rehabilitation Act.

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1614.204 Class complaints.
Subpart C--Related Processes
1614.301 Relationship to negotiated grievance procedure.
1614.302 Mixed case complaints.
1614.303 Petitions to the EEOC from MSPB decisions on mixed case appeals and complaints.
1614.304 Contents of petition.
1614.305 Consideration procedures.
1614.306 Referral of case to Special Panel.
1614.307 Organization of Special Panel.
1614.308 Practices and procedures of the Special Panel.
1614.309 Enforcement of Special Panel decision.
1614.310 Right to file a civil action.
Subpart D--Appeals and Civil Actions
1614.401 Appeals to the Commission.
1614.402 Time for appeals to the Commission.
1614.403 How to appeal.
1614.404 Appellate procedure.
1614.405 Decisions on appeals.
1614.406 Time limits. [Reserved]
1614.407 Civil action: Title VII, Age Discrimination in Employment Act and Rehabilitation Act.
1614.408 Civil action: Equal Pay Act.
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1614.409 Effect of filing a civil action.
Subpart E--Remedies and Enforcement
1614.501 Remedies and relief.
1614.502 Compliance with final Commission decisions.
1614.503 Enforcement of final Commission decisions.
1614.504 Compliance with settlement agreements and final decisions.
1614.505 Interim relief.
Subpart F--Matters of General Applicability
1614.601 EEO group statistics.
1614.602 Reports to the Commission.
1614.603 Voluntary settlement attempts.
1614.604 Filing and computation of time.
1614.605 Representation and official time.
1614.606 Joint processing and consolidation of complaints.
1614.607 Delegation of authority.
AUTHORITY: 29 U.S.C. 206(d), 633a, 791 and 794a; 42 U.S.C.2000e-16; E.O. 10577, 3 CFR, 19541958 Comp., p.218; E.O. 11222, 3 CFR, 1964-1965 Comp., p.306; E.O. 11478, 3 CFR, 1969 Comp.,
p.133; E.O. 12106, 3 CFR, 1978 Comp., p.263; Reorg. Plan No. 1 of 1978, 3 CFR, 1978 Comp., p.321.
Subpart A--Agency Program to Promote Equal Employment Opportunity
1614.101 General policy.
(a) It is the policy of the Government of the United States to provide equal opportunity in employment

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for all persons, to prohibit discrimination in employment because of race, color, religion, sex, national
origin, age or handicap and to promote the full realization of equal employment opportunity through a
continuing affirmative program in each agency.
(b) No person shall be subject to retaliation for opposing any practice made unlawful by title VII of the
Civil Rights Act (title VII) (42 USC 2000e et seq.), the Age Discrimination in Employment Act (ADEA)
(29 USC 621 et seq.), the Equal Pay Act (29 USC 206(d)) or the Rehabilitation Act (29 USC 791 et seq.)
or for participating in any stage of administrative or judicial proceedings under those statutes.
1614.102 Agency program.
(a) Each agency shall maintain a continuing affirmative program to promote equal opportunity and to
identify and eliminate discriminatory practices and policies. In support of this program, the agency shall:
(1) Provide sufficient resources to its equal employment opportunity program to ensure efficient and
successful operation;
(2) Provide for the prompt, fair and impartial processing of complaints in accordance with this part and
the instructions contained in the Commission's Management Directives;
(3) Conduct a continuing campaign to eradicate every form of prejudice or discrimination from the
agency's personnel policies, practices and working conditions;
(4) Communicate the agency's equal employment opportunity policy and program and its employment
needs to all sources of job candidates without regard to race, color, religion, sex, national origin, age or
handicap, and solicit their recruitment assistance on a continuing basis;
(5) Review, evaluate and control managerial and supervisory performance in such a manner as to insure
a continuing affirmative application and vigorous enforcement of the policy of equal opportunity, and
provide orientation, training and advice to managers and supervisors to assure their understanding and
implementation of the equal employment opportunity policy and program;
(6) Take appropriate disciplinary action against employees who engage in discriminatory practices;
(7) Make reasonable accommodation to the religious needs of applicants and employees when those
accommodations can be made without undue hardship on the business of the agency;
(8) Make reasonable accommodation to the known physical or mental limitations of qualified applicants
and employees with handicaps unless the accommodation would impose an undue hardship on the
operation of the agency's program;
(9) Reassign, in accordance with 1614.203(g), nonprobationary employees who develop physical or
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mental limitations that prevent them from performing the essential functions of their positions even with
reasonable accommodation;
(10) Provide recognition to employees, supervisors, managers and units demonstrating superior
accomplishment in equal employment opportunity;
(11) Establish a system for periodically evaluating the effectiveness of the agency's overall equal
employment opportunity effort;
(12) Provide the maximum feasible opportunity to employees to enhance their skills through on-the-job
training, work-study programs and other training measures so that they may perform at their highest
potential and advance in accordance with their abilities;
(13) Inform its employees and recognized labor organizations of the affirmative equal employment
opportunity policy and program and enlist their cooperation; and
(14) Participate at the community level with other employers, with schools and universities and with
other public and private groups in cooperative action to improve employment opportunities and
community conditions that affect employability.
(b) In order to implement its program, each agency shall:
(1) Develop the plans, procedures and regulations necessary to carry out its program;
(2) Establish or make available an alternative dispute resolution program. Such program must be
available for both the pre-complaint process and the formal complaint process.
(3) Appraise its personnel operations at regular intervals to assure their conformity with its program, this
part 1614 and the instructions contained in the Commission's management directives;
(4) Designate a Director of Equal Employment Opportunity (EEO Director), EEO Officer(s), and such
Special Emphasis Program Managers (e.g., People With Disabilities Program, Federal Women's
Program and Hispanic Employment Program), clerical and administrative support as may be necessary
to carry out the functions described in this part in all organizational units of the agency and at all agency
installations. The EEO Director shall be under the immediate supervision of the agency head.
(5) Make written materials available to all employees and applicants informing them of the variety of
equal employment opportunity programs and administrative and judicial remedial procedures available
to them and prominently post such written materials in all personnel and EEO offices and throughout the
workplace;

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(6) Ensure that full cooperation is provided by all agency employees to EEO Counselors and agency
EEO personnel in the processing and resolution of pre-complaint matters and complaints within an
agency and that full cooperation is provided to the Commission in the course of appeals, including
granting the Commission routine access to personnel records of the agency when required in connection
with an investigation;
(7) Publicize to all employees and post at all times the names, business telephone numbers and business
addresses of the EEO Counselors (unless the counseling function is centralized, in which case only the
telephone number and address need be publicized and posted), a notice of the time limits and necessity
of contacting a Counselor before filing a complaint and the telephone numbers and addresses of the EEO
Director, EEO Officer(s) and Special Emphasis Program Managers.
(c) Under each agency program, the EEO Director shall be responsible for:
(l) Advising the head of the agency with respect to the preparation of national and regional equal
employment opportunity plans, procedures, regulations, reports and other matters pertaining to the
policy in 1614.101 and the agency program;
(2) Evaluating from time to time the sufficiency of the total agency program for equal employment
opportunity and reporting to the head of the agency with recommendations as to any improvement or
correction needed, including remedial or disciplinary action with respect to managerial, supervisory or
other employees who have failed in their responsibilities;
(3) When authorized by the head of the agency, making changes in programs and procedures designed to
eliminate discriminatory practices and to improve the agency's program for equal employment
opportunity;
(4) Providing for counseling of aggrieved individuals and for the receipt and processing of individual
and class complaints of discrimination; and
(5) Assuring that individual complaints are fairly and thoroughly investigated and that final action
is taken in a timely manner in accordance with this part.
(d) Directives, instructions, forms and other Commission materials referenced in this part may be
obtained in accordance with the provisions of 29 CFR 1610.7 of this subchapter.
1614.103 Complaints of discrimination covered by this part.
(a) Individual and class complaints of employment discrimination and retaliation prohibited by title VII
(discrimination on the basis of race, color, religion, sex and national origin), the ADEA (discrimination
on the basis of age when the aggrieved individual is at least 40 years of age), the Rehabilitation Act
(discrimination on the basis of handicap) or the Equal Pay Act (sex-based wage discrimination) shall be
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processed in accordance with this part. Complaints alleging retaliation prohibited by these statutes are
considered to be complaints of discrimination for purposes of this part.
(b) This part applies to:
(1) Military departments as defined in 5 U.S.C. 102;
(2) Executive agencies as defined in 5 U.S.C. 105;
(3) The United States Postal Service, Postal Rate Commission and Tennessee Valley Authority;
(4) All units of the judicial branch of the Federal government having positions in the competitive
service, except for complaints under the Rehabilitation Act;
(5) The National Oceanic and Atmospheric Administration Commissioned Corps;
(6) The Government Printing Office; and
(7) The Smithsonian Institution.
(c) Within the covered departments, agencies and units, this part applies to all employees and applicants
for employment, and to all employment policies or practices affecting employees or applicants for
employment including employees and applicants who are paid from nonappropriated funds, unless
otherwise excluded.
(d) This part does not apply to:
(1) Uniformed members of the military departments referred to in paragraph (b)(1):
(2) Employees of the General Accounting Office;
(3) Employees of the Library of Congress;
(4) Aliens employed in positions, or who apply for positions, located outside the limits of the United
States; or
(5) Equal Pay Act complaints of employees whose services are performed within a foreign country or
certain United States territories as provided in 29 U.S.C. 213(f).
1614.104 Agency processing.

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(a) Each agency subject to this part shall adopt procedures for processing individual and class
complaints of discrimination that include the provisions contained in 1614.105 through 1614.110 and in
1614.204, and that are consistent with all other applicable provisions of this part and the instructions for
complaint processing contained in the Commission's Management Directives.
(b) The Commission shall periodically review agency resources and procedures to ensure that an agency
makes reasonable efforts to resolve complaints informally, to process complaints in a timely manner, to
develop adequate factual records, to issue decisions that are consistent with acceptable legal standards,
to explain the reasons for its decisions, and to give complainants adequate and timely notice of their
rights.
1614.105 Pre-complaint processing.
(a) Aggrieved persons who believe they have been discriminated against on the basis of race, color,
religion, sex, national origin, age or handicap must consult a Counselor prior to filing a complaint in
order to try to informally resolve the matter.
(1) An aggrieved person must initiate contact with a Counselor within 45 days of the date of the matter
alleged to be discriminatory or, in the case of a personnel action, within 45 days of the effective date of
the action.
(2) The agency or the Commission shall extend the 45-day time limit in paragraph (a)(1) of this section
when the individual shows that he or she was not notified of the time limits and was not otherwise aware
of them, that he or she did not know and reasonably should not have known that the discriminatory
matter or personnel action occurred, that despite due diligence he or she was prevented by circumstances
beyond his or her control from contacting the counselor within the time limits, or for other reasons
considered sufficient by the agency or the Commission.
(b)(1) At the initial counseling session, Counselors must advise individuals in writing of their
rights and responsibilities, including the right to request a hearing or an immediate final decision
after an investigation by the agency in accordance with 1614.108(f), election rights pursuant to
1614.301 and 1614.302, the right to file a notice of intent to sue pursuant to 1614.201(a) and a
lawsuit under the ADEA instead of an administrative complaint of age discrimination under this
part, the duty to mitigate damages, administrative and court time frames, and that only the claims
raised in precomplaint counseling (or issues or claims like or related to issues or claims raised in
pre-complaint counseling) may be alleged in a subsequent complaint filed with the agency.
Counselors must advise individuals of their duty to keep the agency and Commission informed of their
current address and to serve copies of appeal papers on the agency. The notice required by paragraphs
(d) or (e) of this section shall include a notice of the right to file a class complaint. If the aggrieved
person informs the Counselor that he or she wishes to file a class complaint, the Counselor shall explain
the class complaint procedures and the responsibilities of a class agent.

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(2) Counselors shall advise aggrieved persons that, where the agency agrees to offer ADR in the
particular case, they may choose between participation in the alternative dispute resolution
program and the counseling activities provided for in paragraph (c) of this section.
(c) Counselors shall conduct counseling activities in accordance with instructions contained in
Commission Management Directives. When advised that a complaint has been filed by an aggrieved
person, the Counselor shall submit a written report within 15 days to the agency office that has been
designated to accept complaints and the aggrieved person concerning the issues discussed and actions
taken during counseling.
(d) Unless the aggrieved person agrees to a longer counseling period under paragraph (e) of this
section, or the aggrieved person chooses an alternative dispute resolution procedure in accordance
with paragraph (b)(2) of this section, the Counselor shall conduct the final interview with the
aggrieved person within 30 days of the date the aggrieved person contacted the agency's EEO
office to request counseling. If the matter has not been resolved, the aggrieved person shall be informed
in writing by the Counselor, not later than the thirtieth day after contacting the Counselor, of the right to
file a discrimination complaint. The notice shall inform the complainant of the right to file a
discrimination complaint within 15 days of receipt of the notice, of the appropriate official with whom to
file a complaint and of the complainant's duty to assure that the agency is informed immediately if the
complainant retains counsel or a representative.
(e) Prior to the end of the 30-day period, the aggrieved person may agree in writing with the agency to
postpone the final interview and extend the counseling period for an additional period of no more than
60 days. If the matter has not been resolved before the conclusion of the agreed extension, the notice
described in paragraph (d) of this section shall be issued.
(f) Where the aggrieved person chooses to participate in an alternative dispute resolution
procedure in accordance with paragraph (b)(2) of this section, the pre-complaint processing
period shall be 90 days. If the claim has not been resolved before the 90th day, the notice described
in paragraph (d) of this section shall be issued.
(g) The Counselor shall not attempt in any way to restrain the aggrieved person from filing a complaint.
The Counselor shall not reveal the identity of an aggrieved person who consulted the Counselor, except
when authorized to do so by the aggrieved person, or until the agency has received a discrimination
complaint under this part from that person involving that same matter.
1614.106 Individual complaints.
(a) A complaint must be filed with the agency that allegedly discriminated against the complainant.
(b) A complaint must be filed within 15 days of receipt of the notice required by 1614.105(d), (e) or (f).

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(c) A complaint must contain a signed statement from the person claiming to be aggrieved or that
person's attorney. This statement must be sufficiently precise to identify the aggrieved individual and the
agency and to describe generally the action(s) or practice(s) that form the basis of the complaint. The
complaint must also contain a telephone number and address where the complainant or the
representative can be contacted.
(d) A complainant may amend a complaint at any time prior to the conclusion of the investigation
to include issues or claims like or related to those raised in the complaint. After requesting a
hearing, a complainant may file a motion with the administrative judge to amend a complaint to
include issues or claims like or related to those raised in the complaint.
(e) The agency shall acknowledge receipt of a complaint or an amendment to a complaint in
writing and inform the complainant of the date on which the complaint or amendment was filed.
The agency shall advise the complainant in the acknowledgment of the EEOC office and its
address where a request for a hearing shall be sent. Such acknowledgment shall also advise the
complainant that:
(1) The complainant has the right to appeal the final action on or dismissal of a complaint; and
(2) The agency is required to conduct an impartial and appropriate investigation of the complaint
within 180 days of the filing of the complaint unless the parties agree in writing to extend the time
period. When a complaint has been amended, the agency shall complete its investigation within
the earlier of 180 days after the last amendment to the complaint or 360 days after the filing of the
original complaint, except that the complainant may request a hearing from an administrative
judge on the consolidated complaints any time after 180 days from the date of the first filed
complaint.
1614.107 Dismissals of complaints.
(a) Prior to a request for a hearing in a case, the agency shall dismiss an entire complaint:
(1) That fails to state a claim under 1614.103 or 1614.106(a) or states the same claim that is pending
before or has been decided by the agency or Commission;
(2) That fails to comply with the applicable time limits contained in 1614.105, 1614.106 and 1614.204
(c), unless the agency extends the time limits in accordance with 1614.604(c), or that raises a matter that
has not been brought to the attention of a Counselor and is not like or related to a matter that has been
brought to the attention of a Counselor;
(3) That is the basis of a pending civil action in a United States District Court in which the complainant
is a party provided that at least 180 days have passed since the filing of the administrative complaint, or
that was the basis of a civil action decided by a United States District Court in which the complainant
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was a party;
(4) Where the complainant has raised the matter in a negotiated grievance procedure that permits
allegations of discrimination or in an appeal to the Merit Systems Protection Board and 1614.301 or
1614.302 indicates that the complainant has elected to pursue the non-EEO process;
(5) That is moot or alleges that a proposal to take a personnel action, or other preliminary step to taking
a personnel action, is discriminatory;
(6) Where the complainant cannot be located, provided that reasonable efforts have been made to locate
the complainant and the complainant has not responded within 15 days to a notice of proposed dismissal
sent to his or her last known address;
(7) Where the agency has provided the complainant with a written request to provide relevant
information or otherwise proceed with the complaint, and the complainant has failed to respond to the
request within 15 days of its receipt or the complainant's response does not address the agency's request,
provided that the request included a notice of the proposed dismissal. Instead of dismissing for failure to
cooperate, the complaint may be adjudicated if sufficient information for that purpose is available;
(8) That alleges dissatisfaction with the processing of a previously filed complaint; or
(9) Where the agency, strictly applying the criteria set forth in Commission decisions, finds that
the complaint is part of a clear pattern of misuse of the EEO process for a purpose other than the
prevention and elimination of employment discrimination. A clear pattern of misuse of the EEO
process requires:
(i) Evidence of multiple complaint filings; and
(ii) Allegations that are similar or identical, lack specificity or involve matters previously resolved;
or
(iii) Evidence of circumventing other administrative processes, retaliating against the agency's inhouse administrative processes or overburdening the EEO complaint system.
(b) Where the agency believes that some but not all of the claims in a complaint should be
dismissed for the reasons contained in paragraphs (a)(1) through (9) of this section, the agency
shall notify the complainant in writing of its determination, the rationale for that determination
and that those claims will not be investigated, and shall place a copy of the notice in the
investigative file. A determination under this paragraph is reviewable by an administrative judge
if a hearing is requested on the remainder of the complaint, but is not appealable until final action
is taken on the remainder of the complaint.

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1614.108 Investigation of complaints.
(a) The investigation of complaints shall be conducted by the agency against which the complaint has
been filed.
(b) In accordance with instructions contained in Commission Management Directives, the agency
shall develop an impartial and appropriate factual record upon which to make findings on the
claims raised by the written complaint. An appropriate factual record is one that allows a
reasonable fact finder to draw conclusions as to whether discrimination occurred. Agencies may
use an exchange of letters or memoranda, interrogatories, investigations, fact-finding conferences or any
other fact-finding methods that efficiently and thoroughly address the matters at issue. Agencies are
encouraged to incorporate alternative dispute resolution techniques into their investigative efforts in
order to promote early resolution of complaints.
(c) The procedures in paragraphs (c)(1) through (3) of this section apply to the investigation of
complaints:
(1) The complainant, the agency, and any employee of a Federal agency shall produce such documentary
and testimonial evidence as the investigator deems necessary.
(2) Investigators are authorized to administer oaths. Statements of witnesses shall be made under oath or
affirmation or, alternatively, by written statement under penalty of perjury.
(3) When the complainant, or the agency against which a complaint is filed, or its employees fail without
good cause shown to respond fully and in timely fashion to requests for documents, records,
comparative data, statistics, affidavits, or the attendance of witness(es), the investigator may note in the
investigative record that the decisionmaker should, or the Commission on appeal may, in appropriate
circumstances:
(i) Draw an adverse inference that the requested information, or the testimony of the requested witness,
would have reflected unfavorably on the party refusing to provide the requested information;
(ii) Consider the matters to which the requested information or testimony pertains to be established in
favor of the opposing party;
(iii) Exclude other evidence offered by the party failing to produce the requested information or witness;
(iv) Issue a decision fully or partially in favor of the opposing party; or
(v) Take such other actions as it deems appropriate.
(d) Any investigation will be conducted by investigators with appropriate security clearances. The
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Commission will, upon request, supply the agency with the name of an investigator with appropriate
security clearances.
(e) The agency shall complete its investigation within 180 days of the date of filing of an individual
complaint or within the time period contained in an order from the Office of Federal Operations on an
appeal from a dismissal pursuant to 1614.107. By written agreement within those time periods, the
complainant and the respondent agency may voluntarily extend the time period for not more than an
additional 90 days. The agency may unilaterally extend the time period or any period of extension for
not more than 30 days where it must sanitize a complaint file that may contain information classified
pursuant to Exec. Order No. 12356, or successor orders, as secret in the interest of national defense or
foreign policy, provided the investigating agency notifies the parties of the extension.
(f) Within 180 days from the filing of the complaint, or where a complaint was amended, within
the earlier of 180 days after the last amendment to the complaint or 360 days after the filing of the
original complaint, within the time period contained in an order from the Office of Federal
Operations on an appeal from a dismissal, or within any period of extension provided for in
paragraph (e) of this section, the agency shall provide the complainant with a copy of the
investigative file, and shall notify the complainant that, within 30 days of receipt of the
investigative file, the complainant has the right to request a hearing and decision from an
administrative judge or may request an immediate final decision pursuant to 1614.110 from the
agency with which the complaint was filed.
(g) Where the complainant has received the notice required in paragraph (f) of this section or at
any time after 180 days have elapsed from the filing of the complaint, the complainant may
request a hearing by submitting a written request for a hearing directly to the EEOC office
indicated in the agency's acknowledgment letter. The complainant shall send a copy of the request
for a hearing to the agency EEO office. Within 15 days of receipt of the request for a hearing, the
agency shall provide a copy of the complaint file to EEOC and, if not previously provided, to the
complainant.
1614.109 Hearings.
(a) When a complainant requests a hearing, the Commission shall appoint an administrative judge
to conduct a hearing in accordance with this section. Upon appointment, the administrative judge
shall assume full responsibility for the adjudication of the complaint, including overseeing the
development of the record. Any hearing will be conducted by an administrative judge or hearing
examiner with appropriate security clearances.
(b) Dismissals. Administrative judges may dismiss complaints pursuant to 1614.107, on their own
initiative, after notice to the parties, or upon an agency's motion to dismiss a complaint.
(c) Offer of resolution. (1) Any time after the filing of the written complaint but not later than the
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date an administrative judge is appointed to conduct a hearing, the agency may make an offer of
resolution to a complainant who is represented by an attorney.
(2) Any time after the parties have received notice that an administrative judge has been
appointed to conduct a hearing, but not later than 30 days prior to the hearing, the agency may
make an offer of resolution to the complainant, whether represented by an attorney or not.
(3) The offer of resolution shall be in writing and shall include a notice explaining the possible
consequences of failing to accept the offer. The agency's offer, to be effective, must include
attorney's fees and costs and must specify any non-monetary relief. With regard to monetary
relief, an agency may make a lump sum offer covering all forms of monetary liability, or it may
itemize the amounts and types of monetary relief being offered. The complainant shall have 30
days from receipt of the offer of resolution to accept it. If the complainant fails to accept an offer
of resolution and the relief awarded in the administrative judge's decision, the agency's final
decision, or the Commission decision on appeal is not more favorable than the offer, then, except
where the interest of justice would not be served, the complainant shall not receive payment from
the agency of attorney's fees or costs incurred after the expiration of the 30-day acceptance period.
An acceptance of an offer must be in writing and will be timely if postmarked or received within
the 30-day period. Where a complainant fails to accept an offer of resolution, an agency may make
other offers of resolution and either party may seek to negotiate a settlement of the complaint at
any time.
(d) Discovery. The administrative judge shall notify the parties of the right to seek discovery prior to the
hearing and may issue such discovery orders as are appropriate. Unless the parties agree in writing
concerning the methods and scope of discovery, the party seeking discovery shall request authorization
from the administrative judge prior to commencing discovery. Both parties are entitled to reasonable
development of evidence on matters relevant to the issues raised in the complaint, but the administrative
judge may limit the quantity and timing of discovery. Evidence may be developed through
interrogatories, depositions, and requests for admissions, stipulations or production of documents. It
shall be grounds for objection to producing evidence that the information sought by either party is
irrelevant, overburdensome, repetitious, or privileged.
(e) Conduct of hearing. Agencies shall provide for the attendance at a hearing of all employees approved
as witnesses by an administrative judge. Attendance at hearings will be limited to persons determined by
the administrative judge to have direct knowledge relating to the complaint. Hearings are part of the
investigative process and are thus closed to the public. The administrative judge shall have the power to
regulate the conduct of a hearing, limit the number of witnesses where testimony would be repetitious,
and exclude any person from the hearing for contumacious conduct or misbehavior that obstructs the
hearing. The administrative judge shall receive into evidence information or documents relevant to the
complaint. Rules of evidence shall not be applied strictly, but the administrative judge shall exclude
irrelevant or repetitious evidence. The administrative judge or the Commission may refer to the
Disciplinary Committee of the appropriate Bar Association any attorney or, upon reasonable notice and
an opportunity to be heard, suspend or disqualify from representing complainants or agencies in EEOC
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hearings any representative who refuses to follow the orders of an administrative judge, or who
otherwise engages in improper conduct.
(f) Procedures. (1) The complainant, an agency, and any employee of a Federal agency shall produce
such documentary and testimonial evidence as the administrative judge deems necessary. The
administrative judge shall serve all orders to produce evidence on both parties.
(2) Administrative judges are authorized to administer oaths. Statements of witnesses shall be made
under oath or affirmation or, alternatively, by written statement under penalty of perjury.
(3) When the complainant, or the agency against which a complaint is filed, or its employees fail
without good cause shown to respond fully and in timely fashion to an order of an administrative
judge, or requests for the investigative file, for documents, records, comparative data, statistics,
affidavits, or the attendance of witness(es), the administrative judge shall, in appropriate
circumstances:
(i) Draw an adverse inference that the requested information, or the testimony of the requested witness,
would have reflected unfavorably on the party refusing to provide the requested information;
(ii) Consider the matters to which the requested information or testimony pertains to be established in
favor of the opposing party;
(iii) Exclude other evidence offered by the party failing to produce the requested information or witness;
(iv) Issue a decision fully or partially in favor of the opposing party; or
(v) Take such other actions as appropriate.
(g) Decisions without hearing. (1) If a party believes that some or all material facts are not in genuine
dispute and there is no genuine issue as to credibility, the party may, at least 15 days prior to the date of
the hearing or at such earlier time as required by the administrative judge, file a statement with the
administrative judge prior to the hearing setting forth the fact or facts and referring to the parts of the
record relied on to support the statement. The statement must demonstrate that there is no genuine issue
as to any such material fact. The party shall serve the statement on the opposing party.
(2) The opposing party may file an opposition within 15 days of receipt of the statement in paragraph (g)
(1) of this section. The opposition may refer to the record in the case to rebut the statement that a fact is
not in dispute or may file an affidavit stating that the party cannot, for reasons stated, present facts to
oppose the request. After considering the submissions, the administrative judge may order that discovery
be permitted on the fact or facts involved, limit the hearing to the issues remaining in dispute, issue a
decision without a hearing or make such other ruling as is appropriate.

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(3) If the administrative judge determines upon his or her own initiative that some or all facts are not in
genuine dispute, he or she may, after giving notice to the parties and providing them an opportunity to
respond in writing within 15 calendar days, issue an order limiting the scope of the hearing or issue a
decision without holding a hearing.
(h) Record of hearing. The hearing shall be recorded and the agency shall arrange and pay for verbatim
transcripts. All documents submitted to, and accepted by, the administrative judge at the hearing shall be
made part of the record of the hearing. If the agency submits a document that is accepted, it shall furnish
a copy of the document to the complainant. If the complainant submits a document that is accepted, the
administrative judge shall make the document available to the agency representative for reproduction.
(i) Decisions by administrative judges. Unless the administrative judge makes a written
determination that good cause exists for extending the time for issuing a decision, an
administrative judge shall issue a decision on the complaint, and shall order appropriate remedies
and relief where discrimination is found, within 180 days of receipt by the administrative judge of
the complaint file from the agency. The administrative judge shall send copies of the hearing
record, including the transcript, and the decision to the parties. If an agency does not issue a final
order within 40 days of receipt of the administrative judge's decision in accordance with 1614.110,
then the decision of the administrative judge shall become the final action of the agency.
1614.110 Final action by agencies.
(a) Final action by an agency following a decision by an administrative judge. When an
administrative judge has issued a decision under 1614.109(b), (g) or (i), the agency shall take final
action on the complaint by issuing a final order within 40 days of receipt of the hearing file and the
administrative judge's decision. The final order shall notify the complainant whether or not the
agency will fully implement the decision of the administrative judge and shall contain notice of the
complainant's right to appeal to the Equal Employment Opportunity Commission, the right to file
a civil action in federal district court, the name of the proper defendant in any such lawsuit and
the applicable time limits for appeals and lawsuits. If the final order does not fully implement the
decision of the administrative judge, then the agency shall simultaneously file an appeal in
accordance with 1614.403 and append a copy of the appeal to the final order. A copy of EEOC
Form 573 shall be attached to the final order.
(b) Final action by an agency in all other circumstances. When an agency dismisses an entire
complaint under 1614.107, receives a request for an immediate final decision or does not receive a
reply to the notice issued under 1614.108(f), the agency shall take final action by issuing a final
decision. The final decision shall consist of findings by the agency on the merits of each issue in the
complaint, or, as appropriate, the rationale for dismissing any claims in the complaint and, when
discrimination is found, appropriate remedies and relief in accordance with subpart E of this part.
The agency shall issue the final decision within 60 days of receiving notification that a complainant
has requested an immediate decision from the agency, or within 60 days of the end of the 30-day

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period for the complainant to request a hearing or an immediate final decision where the
complainant has not requested either a hearing or a decision. The final action shall contain notice
of the right to appeal the final action to the Equal Employment Opportunity Commission, the
right to file a civil action in federal district court, the name of the proper defendant in any such
lawsuit and the applicable time limits for appeals and lawsuits. A copy of EEOC Form 573 shall be
attached to the final action.
Subpart B--Provisions Applicable to Particular Complaints
1614.201 Age Discrimination in Employment Act.
(a) As an alternative to filing a complaint under this part, an aggrieved individual may file a civil action
in a United States district court under the ADEA against the head of an alleged discriminating agency
after giving the Commission not less than 30 days' notice of the intent to file such an action. Such notice
must be filed in writing with EEOC, at P.O. Box 19848, Washington, D.C. 20036, or by personal
delivery or facsimile within 180 days of the occurrence of the alleged unlawful practice.
(b) The Commission may exempt a position from the provisions of the ADEA if the Commission
establishes a maximum age requirement for the position on the basis of a determination that age is a
bona fide occupational qualification necessary to the performance of the duties of the position.
(c) When an individual has filed an administrative complaint alleging age discrimination that is not a
mixed case, administrative remedies will be considered to be exhausted for purposes of filing a civil
action:
(1) 180 days after the filing of an individual complaint if the agency has not taken final action and the
individual has not filed an appeal or 180 days after the filing of a class complaint if the agency has not
issued a final decision;
(2) After final action on an individual or class complaint if the individual has not filed an appeal; or
(3) After the issuance of a final decision by the Commission on an appeal or 180 days after the filing of
an appeal if the Commission has not issued a final decision.
1614.202 Equal Pay Act.
(a) In its enforcement of the Equal Pay Act, the Commission has the authority to investigate an agency's
employment practices on its own initiative at any time in order to determine compliance with the
provisions of the Act. The Commission will provide notice to the agency that it will be initiating an
investigation.
(b) Complaints alleging violations of the Equal Pay Act shall be processed under this part.
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1614.203 Rehabilitation Act.
(a) Definitions--(1) Individual with handicap(s) is defined for this section as one who:
(i) Has a physical or mental impairment which substantially limits one or more of such person's major
life activities;
(ii) Has a record of such an impairment; or
(iii) Is regarded as having such an impairment.
(2) Physical or mental impairment means:
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems: Neurological, musculoskeletal, special sense organs,
cardiovascular, reproductive, digestive, respiratory, genitourinary, hemic and lymphatic, skin, and
endocrine; or
(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
(3) Major life activities means functions, such as caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working.
(4) Has a record of such an impairment means has a history of, or has been classified (or misclassified)
as having, a mental or physical impairment that substantially limits one or more major life activities.
(5) Is regarded as having such an impairment means has a physical or mental impairment that does not
substantially limit major life activities but is treated by an employer as constituting such a limitation; has
a physical or mental impairment that substantially limits major life activities only as a result of the
attitude of an employer toward such impairment; or has none of the impairments defined in paragraph (a)
(2) of this section but is treated by an employer as having such an impairment.
(6) Qualified individual with handicaps means with respect to employment, an individual with
handicaps who, with or without reasonable accommodation, can perform the essential functions of the
position in question without endangering the health and safety of the individual or others and who,
depending upon the type of appointing authority being used:
(i) Meets the experience or education requirements (which may include passing a written test) of the
position in question; or

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(ii) Meets the criteria for appointment under one of the special appointing authorities for individuals
with handicaps.
(b) The Federal Government shall become a model employer of individuals with handicaps. Agencies
shall give full consideration to the hiring, placement, and advancement of qualified individuals with
mental and physical handicaps. An agency shall not discriminate against a qualified individual with
physical or mental handicaps.
(c) Reasonable accommodation. (1) An agency shall make reasonable accommodation to the known
physical or mental limitations of an applicant or employee who is a qualified individual with handicaps
unless the agency can demonstrate that the accommodation would impose an undue hardship on the
operations of its program.
(2) Reasonable accommodation may include, but shall not be limited to:
(i) Making facilities readily accessible to and usable by individuals with handicaps; and
(ii) Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or
devices, appropriate adjustment or modification of examinations, the provision of readers and
interpreters, and other similar actions.
(3) In determining whether, pursuant to paragraph (c)(1) of this section, an accommodation would
impose an undue hardship on the operation of the agency in question, factors to be considered include:
(i) The overall size of the agency's program with respect to the number of employees, number and type
of facilities and size of budget;
(ii) The type of agency operation, including the composition and structure of the agency's work force;
and
(iii) The nature and the cost of the accommodation.
(d) Employment criteria. (1) An agency may not make use of any employment test or other selection
criterion that screens out or tends to screen out qualified individuals with handicaps or any class of
individuals with handicaps unless:
(i) The agency demonstrates that the test score or other selection criterion is job-related for the position
in question and consistent with business necessity; and
(ii) OPM or other examining authority shows that job-related alternative tests, or the agency shows that
job-related alternative criteria, that do not screen out or tend to screen out as many individuals with
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handicaps are unavailable.
(2) An agency shall select and administer tests concerning employment so as to insure that, when
administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking
skills, the test results accurately reflect the applicant's or employee's ability to perform the position or
type of positions in question rather than reflecting the applicant's or employee's impaired sensory,
manual, or speaking skill (except where those skills are the factors that the test purports to measure).
(e) Preemployment inquiries. (1) Except as provided in paragraphs (e)(2) and (e)(3) of this section, an
agency may not conduct a preemployment medical examination and may not make preemployment
inquiry of an applicant as to whether the applicant is an individual with handicaps or as to the nature or
severity of a handicap. An agency may, however, make preemployment inquiry into an applicant's
ability to meet the essential functions of the job, or the medical qualification requirements if applicable,
with or without reasonable accommodation, of the position in question, i.e., the minimum abilities
necessary for safe and efficient performance of the duties of the position in question. The Office of
Personnel Management may also make an inquiry as to the nature and extent of a handicap for the
purpose of special testing.
(2) Nothing in this section shall prohibit an agency from conditioning an offer of employment on the
results of a medical examination conducted prior to the employee's entrance on duty, provided that: all
entering employees are subjected to such an examination regardless of handicap or when the
preemployment medical questionnaire used for positions that do not routinely require medical
examination indicates a condition for which further examination is required because of the job-related
nature of the condition, and the results of such an examination are used only in accordance with the
requirements of this part. Nothing in this section shall be construed to prohibit the gathering of
preemployment medical information for the purposes of special appointing authorities for individuals
with handicaps.
(3) To enable and evaluate affirmative action to hire, place or advance individuals with handicaps, the
agency may invite applicants for employment to indicate whether and to what extent they are
handicapped, if:
(i) The agency states clearly on any written questionnaire used for this purpose or makes clear orally if
no written questionnaire is used, that the information requested is intended for use solely in conjunction
with affirmative action; and
(ii) The agency states clearly that the information is being requested on a voluntary basis, that refusal to
provide it will not subject the applicant or employee to any adverse treatment, and that it will be used
only in accordance with this part.
(4) Information obtained in accordance with this section as to the medical condition or history of the
applicant shall be kept confidential except that:
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(i) Managers, selecting officials, and others involved in the selection process or responsible for
affirmative action may be informed that an applicant is eligible under special appointing authority for
the disabled;
(ii) Supervisors and managers may be informed regarding necessary accommodations;
(iii) First aid and safety personnel may be informed, where appropriate, if the condition might require
emergency treatment;
(iv) Government officials investigating compliance with laws, regulations, and instructions relevant to
equal employment opportunity and affirmative action for individuals with handicaps shall be provided
information upon request; and
(v) Statistics generated from information obtained may be used to manage, evaluate, and report on equal
employment opportunity and affirmative action programs.
(f) Physical access to buildings. (1) An agency shall not discriminate against applicants or employees
who are qualified individuals with handicaps due to the inaccessibility of its facility.
(2) For the purpose of this subpart, a facility shall be deemed accessible if it is in compliance with the
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and the Americans with Disabilities Act of
1990 (42 U.S.C. 12183 and 12204).
(g) Reassignment. When a nonprobationary employee becomes unable to perform the essential functions
of his or her position even with reasonable accommodation due to a handicap, an agency shall offer to
reassign the individual to a funded vacant position located in the same commuting area and serviced by
the same appointing authority, and at the same grade or level, the essential functions of which the
individual would be able to perform with reasonable accommodation if necessary unless the agency can
demonstrate that the reassignment would impose an undue hardship on the operation of its program. In
the absence of a position at the same grade or level, an offer of reassignment to a vacant position at the
highest available grade or level below the employee's current grade or level shall be required, but
availability of such a vacancy shall not affect the employee's entitlement, if any, to disability retirement
pursuant to 5 U.S.C. 8337 or 5 U.S.C. 8451. If the agency has already posted a notice or announcement
seeking applications for a specific vacant position at the time the agency has determined that the
nonprobationary employee is unable to perform the essential functions of his or her position even with
reasonable accommodation, then the agency does not have an obligation under this section to offer to
reassign the individual to that position, but the agency must consider the individual on an equal basis
with those who applied for the position. For the purpose of this paragraph, an employee of the United
States Postal Service shall not be considered qualified for any offer of reassignment that would be
inconsistent with the terms of any applicable collective bargaining agreement.

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(h) Exclusion from definition of "individual(s) with handicap(s)". (1) The term "individual with handicap
(s)" shall not include an individual who is currently engaging in the illegal use of drugs, when an agency
acts on the basis of such use. The term "drug" means a controlled substance, as defined in schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). The term "illegal use of
drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled
Substances Act, but does not include the use of a drug taken under supervision by a licensed health care
professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal
law. This exclusion, however, does not exclude an individual with handicaps who:
(i) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the
illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such
use;
(ii) Is participating in a supervised rehabilitation program and is no longer engaging in such use; or
(iii) Is erroneously regarded as engaging in such use, but is not engaging in such use.
(2) Except that it shall not violate this section for an agency to adopt or administer reasonable policies or
procedures, including but not limited to drug testing, designed to ensure that an individual described in
paragraph (h)(1) (i) and (ii) of this section is no longer engaging in the illegal use of drugs.
1614.204 Class Complaints.
(a) Definitions. (1) A class is a group of employees, former employees or applicants for employment
who, it is alleged, have been or are being adversely affected by an agency personnel management policy
or practice that discriminates against the group on the basis of their race, color, religion, sex, national
origin, age or handicap.
(2) A class complaint is a written complaint of discrimination filed on behalf of a class by the agent of
the class alleging that:
(i) The class is so numerous that a consolidated complaint of the members of the class is impractical;
(ii) There are questions of fact common to the class;
(iii) The claims of the agent of the class are typical of the claims of the class;
(iv) The agent of the class, or, if represented, the representative, will fairly and adequately protect the
interests of the class.
(3) An agent of the class is a class member who acts for the class during the processing of the class
complaint.
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(b) Pre-complaint processing. An employee or applicant who wishes to file a class complaint must
seek counseling and be counseled in accordance with 1614.105. A complainant may move for class
certification at any reasonable point in the process when it becomes apparent that there are class
implications to the claim raised in an individual complaint. If a complainant moves for class
certification after completing the counseling process contained in 1614.105, no additional
counseling is required. The administrative judge shall deny class certification when the
complainant has unduly delayed in moving for certification.
(c) Filing and presentation of a class complaint. (1) A class complaint must be signed by the agent or
representative and must identify the policy or practice adversely affecting the class as well as the
specific action or matter affecting the class agent.
(2) The complaint must be filed with the agency that allegedly discriminated not later than 15 days after
the agent's receipt of the notice of right to file a class complaint.
(3) The complaint shall be processed promptly; the parties shall cooperate and shall proceed at all times
without undue delay.
(d) Acceptance or dismissal. (1) Within 30 days of an agency's receipt of a complaint, the agency shall:
Designate an agency representative who shall not be any of the individuals referenced in 1614.102(b)
(3), and forward the complaint, along with a copy of the Counselor's report and any other information
pertaining to timeliness or other relevant circumstances related to the complaint, to the Commission. The
Commission shall assign the complaint to an administrative judge or complaints examiner with a proper
security clearance when necessary. The administrative judge may require the complainant or agency to
submit additional information relevant to the complaint.
(2) The administrative judge may dismiss the complaint, or any portion, for any of the reasons listed in
1614.107 or because it does not meet the prerequisites of a class complaint under 1614.204(a)(2).
(3) If an allegation is not included in the Counselor's report, the administrative judge shall afford the
agent 15 days to state whether the matter was discussed with the Counselor and, if not, explain why it
was not discussed. If the explanation is not satisfactory, the administrative judge shall dismiss the
allegation. If the explanation is satisfactory, the administrative judge shall refer the allegation to the
agency for further counseling of the agent. After counseling, the allegation shall be consolidated with the
class complaint.
(4) If an allegation lacks specificity and detail, the administrative judge shall afford the agent 15 days to
provide specific and detailed information. The administrative judge shall dismiss the complaint if the
agent fails to provide such information within the specified time period. If the information provided
contains new allegations outside the scope of the complaint, the administrative judge shall advise the
agent how to proceed on an individual or class basis concerning these allegations.
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(5) The administrative judge shall extend the time limits for filing a complaint and for consulting with a
Counselor in accordance with the time limit extension provisions contained in 1614.105(a)(2) and
1614.604.
(6) When appropriate, the administrative judge may decide that a class be divided into subclasses and
that each subclass be treated as a class, and the provisions of this section then shall be construed and
applied accordingly.
(7) The administrative judge shall transmit his or her decision to accept or dismiss a complaint to
the agency and the agent. The agency shall take final action by issuing a final order within 40 days
of receipt of the hearing record and administrative judge's decision. The final order shall notify
the agent whether or not the agency will implement the decision of the administrative judge. If the
final order does not implement the decision of the administrative judge, the agency shall
simultaneously appeal the administrative judge's decision in accordance with 1614.403 and
append a copy of the appeal to the final order. A dismissal of a class complaint shall inform the
agent either that the complaint is being filed on that date as an individual complaint of
discrimination and will be processed under subpart A or that the complaint is also dismissed as an
individual complaint in accordance with 1614.107. In addition, it shall inform the agent of the
right to appeal the dismissal of the class complaint to the Equal Employment Opportunity
Commission or to file a civil action and shall include EEOC Form 573, Notice of Appeal/Petition.
(e) Notification. (1) Within 15 days of receiving notice that the administrative judge has accepted a
class complaint or a reasonable time frame specified by the administrative judge, the agency shall
use reasonable means, such as delivery, mailing to last known address or distribution, to notify all
class members of the acceptance of the class complaint.
(2) Such notice shall contain:
(i) The name of the agency or organizational segment, its location, and the date of acceptance of the
complaint;
(ii) A description of the issues accepted as part of the class complaint;
(iii) An explanation of the binding nature of the final decision or resolution of the complaint on class
members; and
(iv) The name, address and telephone number of the class representative.
(f) Obtaining evidence concerning the complaint. (1) The administrative judge shall notify the agent and
the agency representative of the time period that will be allowed both parties to prepare their cases. This
time period will include at least 60 days and may be extended by the administrative judge upon the
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request of either party. Both parties are entitled to reasonable development of evidence on matters
relevant to the issues raised in the complaint. Evidence may be developed through interrogatories,
depositions, and requests for admissions, stipulations or production of documents. It shall be grounds for
objection to producing evidence that the information sought by either party is irrelevant,
overburdensome, repetitious, or privileged.
(2) If mutual cooperation fails, either party may request the administrative judge to rule on a request to
develop evidence. If a party fails without good cause shown to respond fully and in timely fashion to a
request made or approved by the administrative judge for documents, records, comparative data,
statistics or affidavits, and the information is solely in the control of one party, such failure may, in
appropriate circumstances, cause the administrative judge:
(i) To draw an adverse inference that the requested information would have reflected unfavorably on the
party refusing to provide the requested information;
(ii) To consider the matters to which the requested information pertains to be established in favor of the
opposing party;
(iii) To exclude other evidence offered by the party failing to produce the requested information;
(iv) To recommend that a decision be entered in favor of the opposing party; or
(v) To take such other actions as the administrative judge deems appropriate.
(3) During the period for development of evidence, the administrative judge may, in his or her
discretion, direct that an investigation of facts relevant to the complaint or any portion be conducted by
an agency certified by the Commission.
(4) Both parties shall furnish to the administrative judge copies of all materials that they wish to be
examined and such other material as may be requested.
(g) Opportunity for resolution of the complaint. (1) The administrative judge shall furnish the agent and
the representative of the agency a copy of all materials obtained concerning the complaint and provide
opportunity for the agent to discuss materials with the agency representative and attempt resolution of
the complaint.
(2) The complaint may be resolved by agreement of the agency and the agent at any time pursuant
to the notice and approval procedure contained in paragraph (g)(4) of this section.
(3) If the complaint is resolved, the terms of the resolution shall be reduced to writing and signed by the
agent and the agency.

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(4) Notice of the resolution shall be given to all class members in the same manner as notification
of the acceptance of the class complaint and to the administrative judge. It shall state the relief, if
any, to be granted by the agency and the name and address of the EEOC administrative judge
assigned to the case. It shall state that within 30 days of the date of the notice of resolution, any
member of the class may petition the administrative judge to vacate the resolution because it
benefits only the class agent, or is otherwise not fair, adequate and reasonable to the class as a
whole. The administrative judge shall review the notice of resolution and consider any petitions to
vacate filed. If the administrative judge finds that the proposed resolution is not fair, adequate and
reasonable to the class as a whole, the administrative judge shall issue a decision vacating the
agreement and may replace the original class agent with a petitioner or some other class member
who is eligible to be the class agent during further processing of the class complaint. The decision
shall inform the former class agent or the petitioner of the right to appeal the decision to the Equal
Employment Opportunity Commission and include EEOC Form 573, Notice of Appeal/Petition. If
the administrative judge finds that the resolution is fair, adequate and reasonable to the class as a
whole, the resolution shall bind all members of the class.
(h) Hearing. On expiration of the period allowed for preparation of the case, the administrative judge
shall set a date for hearing. The hearing shall be conducted in accordance with 29 CFR 1614.109(a)
through (f).
(i) Report of findings and recommendations. (1) The administrative judge shall transmit to the agency a
report of findings and recommendations on the complaint, including a recommended decision, systemic
relief for the class and any individual relief, where appropriate, with regard to the personnel action or
matter that gave rise to the complaint.
(2) If the administrative judge finds no class relief appropriate, he or she shall determine if a finding of
individual discrimination is warranted and, if so, shall recommend appropriate relief.
(3) The administrative judge shall notify the agent of the date on which the report of findings and
recommendations was forwarded to the agency.
(j) Agency decision. (1) Within 60 days of receipt of the report of findings and recommendations issued
under 1614.204(i), the agency shall issue a final decision, which shall accept, reject, or modify the
findings and recommendations of the administrative judge.
(2) The final decision of the agency shall be in writing and shall be transmitted to the agent by certified
mail, return receipt requested, along with a copy of the report of findings and recommendations of the
administrative judge.
(3) When the agency's final decision is to reject or modify the findings and recommendations of the
administrative judge, the decision shall contain specific reasons for the agency's action.

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(4) If the agency has not issued a final decision within 60 days of its receipt of the administrative judge's
report of findings and recommendations, those findings and recommendations shall become the final
decision. The agency shall transmit the final decision to the agent within five days of the expiration of
the 60-day period.
(5) The final decision of the agency shall require any relief authorized by law and determined to be
necessary or desirable to resolve the issue of discrimination.
(6) A final decision on a class complaint shall, subject to subpart D of this part, be binding on all
members of the class and the agency.
(7) The final decision shall inform the agent of the right to appeal or to file a civil action in accordance
with subpart D of this part and of the applicable time limits.
(k) Notification of decision. The agency shall notify class members of the final decision and relief
awarded, if any, through the same media employed to give notice of the existence of the class complaint.
The notice, where appropriate, shall include information concerning the rights of class members to seek
individual relief, and of the procedures to be followed. Notice shall be given by the agency within 10
days of the transmittal of its final decision to the agent.
(l) Relief for individual class members. (1) When discrimination is found, an agency must eliminate or
modify the employment policy or practice out of which the complaint arose and provide individual
relief, including an award of attorney's fees and costs, to the agent in accordance with 1614.501.
(2) When class-wide discrimination is not found, but it is found that the class agent is a victim of
discrimination, 1614.501 shall apply. The agency shall also, within 60 days of the issuance of the final
decision finding no class-wide discrimination, issue the acknowledgment of receipt of an individual
complaint as required by 1614.106(d) and process in accordance with the provisions of subpart A of this
part, each individual complaint that was subsumed into the class complaint.
(3) When discrimination is found in the final decision and a class member believes that he or she is
entitled to individual relief, the class member may file a written claim with the head of the agency
or its EEO Director within 30 days of receipt of notification by the agency of its final decision.
Administrative judges shall retain jurisdiction over the complaint in order to resolve any disputed
claims by class members. The claim must include a specific, detailed showing that the claimant is a
class member who was affected by the discriminatory policy or practice, and that this
discriminatory action took place within the period of time for which the agency found class-wide
discrimination in its final decision. Where a finding of discrimination against a class has been
made, there shall be a presumption of discrimination as to each member of the class. The agency
must show by clear and convincing evidence that any class member is not entitled to relief. The
administrative judge may hold a hearing or otherwise supplement the record on a claim filed by a
class member. The agency or the Commission may find class-wide discrimination and order
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remedial action for any policy or practice in existence within 45 days of the agent's initial contact
with the Counselor. Relief otherwise consistent with this Part may be ordered for the time the
policy or practice was in effect. The agency shall issue a final decision on each such claim within 90
days of filing. Such decision must include a notice of the right to file an appeal or a civil action in
accordance with subpart D of this part and the applicable time limits.
Subpart C--Related Processes
1614.301 Relationship to negotiated grievance procedure.
(a) When a person is employed by an agency subject to 5 U.S.C. 7121(d) and is covered by a collective
bargaining agreement that permits allegations of discrimination to be raised in a negotiated grievance
procedure, a person wishing to file a complaint or a grievance on a matter of alleged employment
discrimination must elect to raise the matter under either part 1614 or the negotiated grievance
procedure, but not both. An election to proceed under this part is indicated only by the filing of a written
complaint; use of the pre-complaint process as described in 1614.105 does not constitute an election for
purposes of this section. An aggrieved employee who files a complaint under this part may not thereafter
file a grievance on the same matter. An election to proceed under a negotiated grievance procedure is
indicated by the filing of a timely written grievance. An aggrieved employee who files a grievance with
an agency whose negotiated agreement permits the acceptance of grievances which allege discrimination
may not thereafter file a complaint on the same matter under part 1614 irrespective of whether the
agency has informed the individual of the need to elect or of whether the grievance has raised an issue of
discrimination. Any such complaint filed after a grievance has been filed on the same matter shall be
dismissed without prejudice to the complainant's right to proceed through the negotiated grievance
procedure including the right to appeal to the Commission from a final decision as provided in subpart D
of this part. The dismissal of such a complaint shall advise the complainant of the obligation to raise
discrimination in the grievance process and of the right to appeal the final grievance decision to the
Commission.
(b) When a person is not covered by a collective bargaining agreement that permits allegations of
discrimination to be raised in a negotiated grievance procedure, allegations of discrimination shall be
processed as complaints under this part.
(c) When a person is employed by an agency not subject to 5 U.S.C. 7121(d) and is covered by a
negotiated grievance procedure, allegations of discrimination shall be processed as complaints under this
part, except that the time limits for processing the complaint contained in 1614.106 and for appeal to the
Commission contained in 1614.402 may be held in abeyance during processing of a grievance covering
the same matter as the complaint if the agency notifies the complainant in writing that the complaint will
be held in abeyance pursuant to this section.
1614.302 Mixed case complaints.

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(a) Definitions--(1) Mixed case complaint. A mixed case complaint is a complaint of employment
discrimination filed with a Federal agency based on race, color, religion, sex, national origin, age or
handicap related to or stemming from an action that can be appealed to the Merit Systems Protection
Board (MSPB). The complaint may contain only an allegation of employment discrimination or it may
contain additional allegations that the MSPB has jurisdiction to address.
(2) Mixed case appeals. A mixed case appeal is an appeal filed with the MSPB that alleges that an
appealable agency action was effected, in whole or in part, because of discrimination on the basis of
race, color, religion, sex, national origin, handicap or age.
(b) Election. An aggrieved person may initially file a mixed case complaint with an agency pursuant to
this part or an appeal on the same matter with the MSPB pursuant to 5 CFR 1201.151, but not both. An
agency shall inform every employee who is the subject of an action that is appealable to the MSPB and
who has either orally or in writing raised the issue of discrimination during the processing of the action
of the right to file either a mixed case complaint with the agency or to file a mixed case appeal with the
MSPB. The person shall be advised that he or she may not initially file both a mixed case complaint and
an appeal on the same matter and that whichever is filed first shall be considered an election to proceed
in that forum. If a person files a mixed case appeal with the MSPB instead of a mixed case complaint
and the MSPB dismisses the appeal for jurisdictional reasons, the agency shall promptly notify the
individual in writing of the right to contact an EEO counselor within 45 days of receipt of this notice and
to file an EEO complaint, subject to 1614.107. The date on which the person filed his or her appeal with
MSPB shall be deemed to be the date of initial contact with the counselor. If a person files a timely
appeal with MSPB from the agency's processing of a mixed case complaint and the MSPB dismisses it
for jurisdictional reasons, the agency shall reissue a notice under 1614.108(f) giving the individual the
right to elect between a hearing before an administrative judge and an immediate final decision.
(c) Dismissal. (1) An agency may dismiss a mixed case complaint for the reasons contained in, and
under the conditions prescribed in, 1614.107.
(2) An agency decision to dismiss a mixed case complaint on the basis of the complainant's prior
election of the MSPB procedures shall be made as follows:
(i) Where neither the agency nor the MSPB administrative judge questions the MSPB's jurisdiction over
the appeal on the same matter, it shall dismiss the mixed case complaint pursuant to 1614.107(d) and
shall advise the complainant that he or she must bring the allegations of discrimination contained in the
rejected complaint to the attention of the MSPB, pursuant to 5 CFR 1201.155. The dismissal of such a
complaint shall advise the complainant of the right to petition the EEOC to review the MSPB's final
decision on the discrimination issue. A dismissal of a mixed case complaint is not appealable to the
Commission except where it is alleged that 1614.107(d) has been applied to a non-mixed case matter.
(ii) Where the agency or the MSPB administrative judge questions the MSPB's jurisdiction over the
appeal on the same matter, the agency shall hold the mixed case complaint in abeyance until the MSPB's

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administrative judge rules on the jurisdictional issue, notify the complainant that it is doing so, and
instruct him or her to bring the allegation of discrimination to the attention of the MSPB. During this
period of time, all time limitations for processing or filing under this part will be tolled. An agency
decision to hold a mixed case complaint in abeyance is not appealable to EEOC. If the MSPB's
administrative judge finds that MSPB has jurisdiction over the matter, the agency shall dismiss the
mixed case complaint pursuant to 1614.107(d), and advise the complainant of the right to petition the
EEOC to review the MSPB's final decision on the discrimination issue. If the MSPB's administrative
judge finds that MSPB does not have jurisdiction over the matter, the agency shall recommence
processing of the mixed case complaint as a non-mixed case EEO complaint.
(d) Procedures for agency processing of mixed case complaints. When a complainant elects to proceed
initially under this part rather than with the MSPB, the procedures set forth in subpart A shall govern the
processing of the mixed case complaint with the following exceptions:
(1) At the time the agency advises a complainant of the acceptance of a mixed case complaint, it shall
also advise the complainant that:
(i) If a final decision is not issued within 120 days of the date of filing of the mixed case complaint, the
complainant may appeal the matter to the MSPB at any time thereafter as specified at 5 CFR 1201.154
(b)(2) or may file a civil action as specified at 1614.310(g), but not both; and
(ii) If the complainant is dissatisfied with the agency's final decision on the mixed case complaint, the
complainant may appeal the matter to the MSPB (not EEOC) within 30 days of receipt of the agency's
final decision;
(2) Upon completion of the investigation, the notice provided the complainant in accordance with
1614.108(f) will advise the complainant that a final decision will be issued within 45 days without a
hearing; and
(3) At the time that the agency issues its final decision on a mixed case complaint, the agency shall
advise the complainant of the right to appeal the matter to the MSPB (not EEOC) within 30 days of
receipt and of the right to file a civil action as provided at 1614.310(a).
1614.303 Petitions to the EEOC from MSPB decisions on mixed case appeals and complaints.
(a) Who may file. Individuals who have received a final decision from the MSPB on a mixed case appeal
or on the appeal of a final decision on a mixed case complaint under 5 CFR 1201, subpart E and 5 U.S.
C. 7702 may petition EEOC to consider that decision. The EEOC will not accept appeals from MSPB
dismissals without prejudice.
(b) Method of filing. Filing shall be made by certified mail, return receipt requested, to the Office of
Federal Operations, Equal Employment Opportunity Commission, P.O. Box 19848, Washington, D.C.
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20036.
(c) Time to file. A petition must be filed with the Commission either within 30 days of receipt of the
final decision of the MSPB or within 30 days of when the decision of a MSPB field office becomes final.
(d) Service. The petition for review must be served upon all individuals and parties on the MSPB's
service list by certified mail on or before the filing with the Commission, and the Clerk of the MSPB,
1120 Vermont Ave., NW., Washington, DC 20419, and the petitioner must certify as to the date and
method of service.
1614.304 Contents of petition.
(a) Form. Petitions must be written or typed, but may use any format including a simple letter format.
Petitioners are encouraged to use EEOC Form 573, Notice Of Appeal/Petition.
(b) Contents. Petitions must contain the following:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's representative, if any;
(3) A statement of the reasons why the decision of the MSPB is alleged to be incorrect, in whole or in
part, only with regard to issues of discrimination based on race, color, religion, sex, national origin, age
or handicap;
(4) A copy of the decision issued by the MSPB; and
(5) The signature of the petitioner or representative, if any.
1614.305 Consideration procedures.
(a) Once a petition is filed, the Commission will examine it and determine whether the Commission will
consider the decision of the MSPB. An agency may oppose the petition, either on the basis that the
Commission should not consider the MSPB's decision or that the Commission should concur in the
MSPB's decision, by filing any such argument with the Office of Federal Operations and serving a copy
on the petitioner within 15 days of receipt by the Commission.
(b) The Commission shall determine whether to consider the decision of the MSPB within 30 days of
receipt of the petition by the Commission's Office of Federal Operations. A determination of the
Commission not to consider the decision shall not be used as evidence with respect to any issue of
discrimination in any judicial proceeding concerning that issue.

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(c) If the Commission makes a determination to consider the decision, the Commission shall within 60
days of the date of its determination, consider the entire record of the proceedings of the MSPB and on
the basis of the evidentiary record before the Board as supplemented in accordance with paragraph (d) of
this section, either:
(1) Concur in the decision of the MSPB; or
(2) Issue in writing a decision that differs from the decision of the MSPB to the extent that the
Commission finds that, as a matter of law:
(i) The decision of the MSPB constitutes an incorrect interpretation of any provision of any law, rule,
regulation, or policy directive referred to in 5 U.S.C. 7702(a)(1)(B); or
(ii) The decision involving such provision is not supported by the evidence in the record as a whole.
(d) In considering any decision of the MSPB, the Commission, pursuant to 5 U.S.C. 7702(b)(4), may
refer the case to the MSPB for the taking of additional evidence within such period as permits the
Commission to make a decision within the 60-day period prescribed or provide on its own for the taking
of additional evidence to the extent the Commission considers it necessary to supplement the record.
(e) Where the EEOC has differed with the decision of the MSPB under 1614.305(c)(2), the Commission
shall refer the matter to the MSPB.
1614.306 Referral of case to Special Panel.
If the MSPB reaffirms its decision under 5 CFR 1201.162(a)(2) with or without modification, the matter
shall be immediately certified to the Special Panel established pursuant to 5 U.S.C. 7702(d). Upon
certification, the Board shall, within five days (excluding Saturdays, Sundays, and Federal holidays),
transmit to the Chairman of the Special Panel and to the Chairman of the EEOC the administrative
record in the proceeding including-(a) The factual record compiled under this section, which shall include a transcript of any hearing(s);
(b) The decisions issued by the Board and the Commission under 5 U.S.C. 7702; and
(c) A transcript of oral arguments made, or legal brief(s) filed, before the Board and the Commission.
1614.307 Organization of Special Panel.
(a) The Special Panel is composed of:

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(1) A Chairman appointed by the President with the advice and consent of the Senate, and whose term is
6 years;
(2) One member of the MSPB designated by the Chairman of the Board each time a panel is convened;
and
(3) One member of the EEOC designated by the Chairman of the Commission each time a panel is
convened.
(b) Designation of Special Panel member--(1) Time of designation. Within five days of certification of
the case to the Special Panel, the Chairman of the MSPB and the Chairman of the EEOC shall each
designate one member from their respective agencies to serve on the Special Panel.
(2) Manner of designation. Letters of designation shall be served on the Chairman of the Special Panel
and the parties to the appeal.
1614.308 Practices and procedures of the Special Panel.
(a) Scope. The rules in this subpart apply to proceedings before the Special Panel.
(b) Suspension of rules in this subpart. In the interest of expediting a decision, or for good cause shown,
the Chairman of the Special Panel may, except where the rule in this subpart is required by statute,
suspend the rules in this subpart on application of a party, or on his or her own motion, and may order
proceedings in accordance with his or her direction.
(c) Time limit for proceedings. Pursuant to 5 U.S.C. 7702(d)(2)(A), the Special Panel shall issue a
decision within 45 days of the matter being certified to it.
(d) Administrative assistance to Special Panel. (1) The MSPB and the EEOC shall provide the Panel
with such reasonable and necessary administrative resources as determined by the Chairman of the
Special Panel.
(2) Assistance shall include, but is not limited to, processing vouchers for pay and travel expenses.
(3) The Board and the EEOC shall be responsible for all administrative costs incurred by the Special
Panel and, to the extent practicable, shall equally divide the costs of providing such administrative
assistance. The Chairman of the Special Panel shall resolve the manner in which costs are divided in the
event of a disagreement between the Board and the EEOC.
(e) Maintenance of the official record. The Board shall maintain the official record. The Board shall
transmit two copies of each submission filed to each member of the Special Panel in an expeditious
manner.
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(f) Filing and service of pleadings. (1) The parties shall file the original and six copies of all submissions
with the Clerk, Merit Systems Protection Board, 1120 Vermont Avenue, NW., Washington, DC 20419.
One copy of each submission shall be served on the other parties.
(2) A certificate of service specifying how and when service was made must accompany all submissions
of the parties.
(3) Service may be by mail or by personal delivery during normal business hours (8:15 a.m.-4:45 p.m.).
Due to the short statutory time limit, parties are required to file their submissions by overnight delivery
service should they file by mail.
(4) The date of filing shall be determined by the date of mailing as indicated by the order date for the
overnight delivery service. If the filing is by personal delivery, it shall be considered filed on that date it
is received in the office of the Clerk, MSPB.
(g) Briefs and responsive pleadings. If the parties wish to submit written argument, briefs shall be filed
with the Special Panel within 15 days of the date of the Board's certification order. Due to the short
statutory time limit responsive pleadings will not ordinarily be permitted.
(h) Oral argument. The parties have the right to oral argument if desired. Parties wishing to exercise this
right shall so indicate at the time of filing their brief, or if no brief is filed, within 15 days of the date of
the Board's certification order. Upon receipt of a request for argument, the Chairman of the Special
Panel shall determine the time and place for argument and the time to be allowed each side, and shall so
notify the parties.
(i) Post-argument submissions. Due to the short statutory time limit, no post-argument submissions will
be permitted except by order of the Chairman of the Special Panel.
(j) Procedural matters. Any procedural matters not addressed in this subpart shall be resolved by written
order of the Chairman of the Special Panel.
1614.309 Enforcement of Special Panel decision.
The Board shall, upon receipt of the decision of the Special Panel, order the agency concerned to take
any action appropriate to carry out the decision of the Panel. The Board's regulations regarding
enforcement of a final order of the Board shall apply. These regulations are set out at 5 CFR part 1201,
subpart E.
1614.310 Right to file a civil action.

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An individual who has a complaint processed pursuant to 5 CFR part 1201, subpart E or this subpart is
authorized by 5 U.S.C. 7702 to file a civil action in an appropriate United States District Court:
(a) Within 30 days of receipt of a final decision issued by an agency on a complaint unless an appeal is
filed with the MSPB; or
(b) Within 30 days of receipt of notice of the final decision or action taken by the MSPB if the
individual does not file a petition for consideration with the EEOC; or
(c) Within 30 days of receipt of notice that the Commission has determined not to consider the decision
of the MSPB; or
(d) Within 30 days of receipt of notice that the Commission concurs with the decision of the MSPB; or
(e) If the Commission issues a decision different from the decision of the MSPB, within 30 days of
receipt of notice that the MSPB concurs in and adopts in whole the decision of the Commission; or
(f) If the MSPB does not concur with the decision of the Commission and reaffirms its initial decision or
reaffirms its initial decision with a revision, within 30 days of the receipt of notice of the decision of the
Special Panel; or
(g) After 120 days from the date of filing a formal complaint if there is no final action or appeal to the
MSPB; or
(h) After 120 days from the date of filing an appeal with the MSPB if the MSPB has not yet made a
decision; or
(i) After 180 days from the date of filing a petition for consideration with Commission if there is no
decision by the Commission, reconsideration decision by the MSPB or decision by the Special Panel.
Subpart D--Appeals and Civil Actions
1614.401 Appeals to the Commission.
(a) A complainant may appeal an agency's final action or dismissal of a complaint.
(b) An agency may appeal as provided in 1614.110(a).
(c) A class agent or an agency may appeal an administrative judge's decision accepting or
dismissing all or part of a class complaint; a class agent may appeal a final decision on a class
complaint; a class member may appeal a final decision on a claim for individual relief under a
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class complaint; and a class member, a class agent or an agency may appeal a final decision on a
petition pursuant to 1614.204(g)(4).
(d) A grievant may appeal the final decision of the agency, the arbitrator or the Federal Labor Relations
Authority (FLRA) on the grievance when an issue of employment discrimination was raised in a
negotiated grievance procedure that permits such issues to be raised. A grievant may not appeal under
this part, however, when the matter initially raised in the negotiated grievance procedure is still ongoing
in that process, is in arbitration, is before the FLRA, is appealable to the MSPB or if 5 U.S.C. 7121(d) is
inapplicable to the involved agency.
(e) A complainant, agent or individual class claimant may appeal to the Commission an agency's alleged
noncompliance with a settlement agreement or final decision in accordance with 1614.504.
1614.402 Time for appeals to the Commission.
(a) Appeals described in 1614.401(a) and (c) must be filed within 30 days of receipt of the
dismissal, final action or decision. Appeals described in 1614.401(b) must be filed within 40 days of
receipt of the hearing file and decision. Where a complainant has notified the EEO Director of
alleged noncompliance with a settlement agreement in accordance with 1614.504, the complainant
may file an appeal 35 days after service of the allegations of noncompliance, but no later than 30
days after receipt of an agency's determination.
(b) If the complainant is represented by an attorney of record, then the 30-day time period provided in
paragraph (a) of this section within which to appeal shall be calculated from the receipt of the required
document by the attorney. In all other instances, the time within which to appeal shall be calculated from
the receipt of the required document by the complainant.
1614.403 How to appeal.
(a) The complainant, agency, agent, grievant or individual class claimant (hereinafter appellant)
must file an appeal with the Director, Office of Federal Operations, Equal Employment
Opportunity Commission, at P.O. Box 19848, Washington, DC 20036, or by personal delivery or
facsimile. The appellant should use EEOC Form 573, Notice of Appeal/Petition, and should
indicate what is being appealed.
(b) The appellant shall furnish a copy of the appeal to the opposing party at the same time it is
filed with the Commission. In or attached to the appeal to the Commission, the appellant must
certify the date and method by which service was made on the opposing party.
(c) If an appellant does not file an appeal within the time limits of this subpart, the appeal shall be
dismissed by the Commission as untimely.

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(d) Any statement or brief on behalf of a complainant in support of the appeal must be submitted
to the Office of Federal Operations within 30 days of filing the notice of appeal. Any statement or
brief on behalf of the agency in support of its appeal must be submitted to the Office of Federal
Operations within 20 days of filing the notice of appeal. The Office of Federal Operations will
accept statements or briefs in support of an appeal by facsimile transmittal, provided they are no
more than 10 pages long.
(e) The agency must submit the complaint file to the Office of Federal Operations within 30 days
of initial notification that the complainant has filed an appeal or within 30 days of submission of
an appeal by the agency.
(f) Any statement or brief in opposition to an appeal must be submitted to the Commission and
served on the opposing party within 30 days of receipt of the statement or brief supporting the
appeal, or, if no statement or brief supporting the appeal is filed, within 60 days of receipt of the
appeal. The Office of Federal Operations will accept statements or briefs in opposition to an
appeal by facsimile provided they are no more than 10 pages long.
1614.404 Appellate procedure.
(a) On behalf of the Commission, the Office of Federal Operations shall review the complaint file and
all written statements and briefs from either party. The Commission may supplement the record by an
exchange of letters or memoranda, investigation, remand to the agency or other procedures.
(b) If the Office of Federal Operations requests information from one or both of the parties to
supplement the record, each party providing information shall send a copy of the information to the
other party.
(c) When either party to an appeal fails without good cause shown to comply with the
requirements of this section or to respond fully and in timely fashion to requests for information,
the Office of Federal Operations shall, in appropriate circumstances:
(1) Draw an adverse inference that the requested information would have reflected unfavorably on
the party refusing to provide the requested information;
(2) Consider the matters to which the requested information or testimony pertains to be
established in favor of the opposing party;
(3) Issue a decision fully or partially in favor of the opposing party; or
(4) Take such other actions as appropriate.
1614.405 Decisions on appeals.
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(a) The Office of Federal Operations, on behalf of the Commission, shall issue a written decision setting
forth its reasons for the decision. The Commission shall dismiss appeals in accordance with 1614.107,
1614.403(c) and 1614.410. The decision on an appeal from an agency's final action shall be based
on a de novo review, except that the review of the factual findings in a decision by an
administrative judge issued pursuant to 1614.109(i) shall be based on a substantial evidence
standard of review. If the decision contains a finding of discrimination, appropriate remedy(ies) shall
be included and, where appropriate, the entitlement to interest, attorney's fees or costs shall be indicated.
The decision shall reflect the date of its issuance, inform the complainant of his or her civil action rights,
and be transmitted to the complainant and the agency by first class mail.
(b) A decision issued under paragraph (a) of this section is final within the meaning of 1614.407
unless the Commission reconsiders the case. A party may request reconsideration within 30 days
of receipt of a decision of the Commission, which the Commission in its discretion may grant, if
the party demonstrates that:
(1) The appellate decision involved a clearly erroneous interpretation of material fact or law; or
(2) The decision will have a substantial impact on the policies, practices or operations of the
agency.
1614.406 Time limits. [Reserved]
1614.407 Civil action: Title VII, Age Discrimination in Employment Act and Rehabilitation Act.
A complainant who has filed an individual complaint, an agent who has filed a class complaint or a
claimant who has filed a claim for individual relief pursuant to a class complaint is authorized under title
VII, the ADEA and the Rehabilitation Act to file a civil action in an appropriate United States District
Court:
(a) Within 90 days of receipt of the final action on an individual or class complaint if no appeal has
been filed;
(b) After 180 days from the date of filing an individual or class complaint if an appeal has not been filed
and final action has not been taken;
(c) Within 90 days of receipt of the Commission's final decision on an appeal; or
(d) After 180 days from the date of filing an appeal with the Commission if there has been no final
decision by the Commission.
1614.408 Civil action: Equal Pay Act.
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A complainant is authorized under section 16(b) of the Fair Labor Standards Act (29 U.S.C. 216(b)) to
file a civil action in a court of competent jurisdiction within two years or, if the violation is willful, three
years of the date of the alleged violation of the Equal Pay Act regardless of whether he or she pursued
any administrative complaint processing. Recovery of back wages is limited to two years prior to the
date of filing suit, or to three years if the violation is deemed willful; liquidated damages in an equal
amount may also be awarded. The filing of a complaint or appeal under this part shall not toll the time
for filing a civil action.
1614.409 Effect of filing a civil action.
Filing a civil action under 1614.408 or 1614.409 shall terminate Commission processing of the appeal.
If private suit is filed subsequent to the filing of an appeal, the parties are requested to notify the
Commission in writing.
Subpart E--Remedies and Enforcement
1614.501 Remedies and relief.
(a) When an agency, or the Commission, in an individual case of discrimination, finds that an applicant
or an employee has been discriminated against, the agency shall provide full relief which shall include
the following elements in appropriate circumstances:
(1) Notification to all employees of the agency in the affected facility of their right to be free of unlawful
discrimination and assurance that the particular types of discrimination found will not recur;
(2) Commitment that corrective, curative or preventive action will be taken, or measures adopted, to
ensure that violations of the law similar to those found will not recur;
(3) An unconditional offer to each identified victim of discrimination of placement in the position the
person would have occupied but for the discrimination suffered by that person, or a substantially
equivalent position;
(4) Payment to each identified victim of discrimination on a make whole basis for any loss of earnings
the person may have suffered as a result of the discrimination; and
(5) Commitment that the agency shall cease from engaging in the specific unlawful employment practice
found in the case.
(b) Relief for an applicant. (1)(i) When an agency, or the Commission, finds that an applicant for
employment has been discriminated against, the agency shall offer the applicant the position that the

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applicant would have occupied absent discrimination or, if justified by the circumstances, a substantially
equivalent position unless clear and convincing evidence indicates that the applicant would not have
been selected even absent the discrimination. The offer shall be made in writing. The individual shall
have 15 days from receipt of the offer within which to accept or decline the offer. Failure to accept the
offer within the 15-day period will be considered a declination of the offer, unless the individual can
show that circumstances beyond his or her control prevented a response within the time limit.
(ii) If the offer is accepted, appointment shall be retroactive to the date the applicant would have been
hired. Back pay, computed in the manner prescribed by 5 C.F.R. 550.805, shall be awarded from the
date the individual would have entered on duty until the date the individual actually enters on duty
unless clear and convincing evidence indicates that the applicant would not have been selected even
absent discrimination. Interest on back pay shall be included in the back pay computation where
sovereign immunity has been waived. The individual shall be deemed to have performed service for the
agency during this period for all purposes except for meeting service requirements for completion of a
required probationary or trial period.
(iii) If the offer of employment is declined, the agency shall award the individual a sum equal to the
back pay he or she would have received, computed in the manner prescribed by 5 C.F.R. 550.805, from
the date he or she would have been appointed until the date the offer was declined, subject to the
limitation of paragraph (b)(3) of this section. Interest on back pay shall be included in the back pay
computation. The agency shall inform the applicant, in its offer of employment, of the right to this award
in the event the offer is declined.
(2) When an agency, or the Commission, finds that discrimination existed at the time the applicant was
considered for employment but also finds by clear and convincing evidence that the applicant would not
have been hired even absent discrimination, the agency shall nevertheless take all steps necessary to
eliminate the discriminatory practice and ensure it does not recur.
(3) Back pay under this paragraph (b) for complaints under title VII or the Rehabilitation Act may not
extend from a date earlier than two years prior to the date on which the complaint was initially filed by
the applicant.
(c) Relief for an employee. When an agency, or the Commission, finds that an employee of the agency
was discriminated against, the agency shall provide relief, which shall include, but need not be limited
to, one or more of the following actions:
(1) Nondiscriminatory placement, with back pay computed in the manner prescribed by 5 C.F.R.
550.805, unless clear and convincing evidence contained in the record demonstrates that the personnel
action would have been taken even absent the discrimination. Interest on back pay shall be included in
the back pay computation where sovereign immunity has been waived. The back pay liability under title
VII or the Rehabilitation Act is limited to two years prior to the date the discrimination complaint was
filed.

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(2) If clear and convincing evidence indicates that, although discrimination existed at the time the
personnel action was taken, the personnel action would have been taken even absent discrimination, the
agency shall nevertheless eliminate any discriminatory practice and ensure it does not recur.
(3) Cancellation of an unwarranted personnel action and restoration of the employee.
(4) Expunction from the agency's records of any adverse materials relating to the discriminatory
employment practice.
(5) Full opportunity to participate in the employee benefit denied (e.g., training, preferential work
assignments, overtime scheduling).
(d) The agency has the burden of proving by a preponderance of the evidence that the complainant has
failed to mitigate his or her damages.
(e) Attorney's fees or costs--(1) Awards of attorney's fees or costs. The provisions of this paragraph
relating to the award of attorney's fees or costs shall apply to allegations of discrimination prohibited by
title VII and the Rehabilitation Act. In a decision or final action, the agency, administrative judge, or
Commission may award the applicant or employee reasonable attorney's fees (including expert
witness fees) and other costs incurred in the processing of the complaint.
(i) A finding of discrimination raises a presumption of entitlement to an award of attorney's fees.
(ii) Any award of attorney's fees or costs shall be paid by the agency.
(iii) Attorney's fees are allowable only for the services of members of the Bar and law clerks, paralegals
or law students under the supervision of members of the Bar, except that no award is allowable for the
services of any employee of the Federal Government.
(iv) Attorney's fees shall be paid for services performed by an attorney after the filing of a written
complaint, provided that the attorney provides reasonable notice of representation to the agency,
administrative judge or Commission, except that fees are allowable for a reasonable period of time
prior to the notification of representation for any services performed in reaching a determination
to represent the complainant. Agencies are not required to pay attorney's fees for services
performed during the pre-complaint process, except that fees are allowable when the Commission
affirms on appeal an administrative judge's decision finding discrimination after an agency takes
final action by not implementing an administrative judge's decision. Written submissions to the
agency that are signed by the representative shall be deemed to constitute notice of representation.
(2) Amount of awards. (i) When the agency, administrative judge or the Commission determines an
entitlement to attorney's fees or costs, the complainant's attorney shall submit a verified statement

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of attorney's fees (including expert witness fees) and other costs, as appropriate, to the agency or
administrative judge within 30 days of receipt of the decision and shall submit a copy of the
statement to the agency. A statement of attorney's fees and costs shall be accompanied by an
affidavit executed by the attorney of record itemizing the attorney's charges for legal services. The
agency may respond to a statement of attorney's fees and costs within 30 days of its receipt. The
verified statement, accompanying affidavit and any agency response shall be made a part of the
complaint file.
(ii)(A) The agency or administrative judge shall issue a decision determining the amount of
attorney's fees or costs due within 60 days of receipt of the statement and affidavit. The decision
shall include a notice of right to appeal to the EEOC along with EEOC Form 573, Notice Of Appeal/
Petition and shall include the specific reasons for determining the amount of the award.
(B) The amount of attorney's fees shall be calculated using the following standards: The starting
point shall be the number of hours reasonably expended multiplied by a reasonable hourly rate.
There is a strong presumption that this amount represents the reasonable fee. In limited
circumstances, this amount may be reduced or increased in consideration of the degree of success,
quality of representation, and long delay caused by the agency.
(C) The costs that may be awarded are those authorized by 28 U.S.C. 1920 to include: Fees of the
reporter for all or any of the stenographic transcript necessarily obtained for use in the case; fees and
disbursements for printing and witnesses; and fees for exemplification and copies necessarily obtained
for use in the case.
(iii) Witness fees shall be awarded in accordance with the provisions of 28 U.S.C. 1821, except that no
award shall be made for a Federal employee who is in a duty status when made available as a witness.
1614.502 Compliance with final Commission decisions.
(a) Relief ordered in a final Commission decision is mandatory and binding on the agency except
as provided in this section. Failure to implement ordered relief shall be subject to judicial enforcement
as specified in 1614.503(g).
(b) Notwithstanding paragraph (a) of this section, when the agency requests reconsideration and
the case involves removal, separation, or suspension continuing beyond the date of the request for
reconsideration, and when the decision orders retroactive restoration, the agency shall comply
with the decision to the extent of the temporary or conditional restoration of the employee to duty
status in the position specified by the Commission, pending the outcome of the agency request for
reconsideration.
(1) Service under the temporary or conditional restoration provisions of this paragraph (b) shall be
credited toward the completion of a probationary or trial period, eligibility for a within-grade increase,
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or the completion of the service requirement for career tenure, if the Commission upholds its decision
after reconsideration.
(2) When the agency requests reconsideration, it may delay the payment of any amounts ordered
to be paid to the complainant until after the request for reconsideration is resolved. If the agency
delays payment of any amount pending the outcome of the request to reconsider and the
resolution of the request requires the agency to make the payment, then the agency shall pay
interest from the date of the original appellate decision until payment is made.
(3) The agency shall notify the Commission and the employee in writing at the same time it
requests reconsideration that the relief it provides is temporary or conditional and, if applicable,
that it will delay the payment of any amounts owed but will pay interest as specified in paragraph
(b)(2) of this section. Failure of the agency to provide notification will result in the dismissal of the
agency's request.
(c) When no request for reconsideration is filed or when a request for reconsideration is denied, the
agency shall provide the relief ordered and there is no further right to delay implementation of the
ordered relief. The relief shall be provided in full not later than 60 days after receipt of the final decision
unless otherwise ordered in the decision.
1614.503 Enforcement of final Commission decisions.
(a) Petition for enforcement. A complainant may petition the Commission for enforcement of a decision
issued under the Commission's appellate jurisdiction. The petition shall be submitted to the Office of
Federal Operations. The petition shall specifically set forth the reasons that lead the complainant to
believe that the agency is not complying with the decision.
(b) Compliance. On behalf of the Commission, the Office of Federal Operations shall take all necessary
action to ascertain whether the agency is implementing the decision of the Commission. If the agency is
found not to be in compliance with the decision, efforts shall be undertaken to obtain compliance.
(c) Clarification. On behalf of the Commission, the Office of Federal Operations may, on its own
motion or in response to a petition for enforcement or in connection with a timely request for
reconsideration, issue a clarification of a prior decision. A clarification cannot change the result of a
prior decision or enlarge or diminish the relief ordered but may further explain the meaning or intent of
the prior decision.
(d) Referral to the Commission. 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 Commission, or, as directed by the Commission, refer the
matter to another appropriate agency.

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(e) Commission notice to show cause. The Commission may issue a notice to the head of any federal
agency that has failed to comply with a decision to show cause why there is noncompliance. Such notice
may request the head of the agency or a representative to appear before the Commission or to respond to
the notice in writing with adequate evidence of compliance or with compelling reasons for noncompliance.
(f) Certification to the Office of Special Counsel. Where appropriate and pursuant to the terms of a
memorandum of understanding, the Commission may refer the matter to the Office of Special Counsel
for enforcement action.
(g) Notification to complainant of completion of administrative efforts. Where the Commission has
determined that an agency is not complying with a prior decision, or where an agency has failed or
refused to submit any required report of compliance, the Commission 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 agency's refusal to implement the
ordered relief pursuant to the Administrative Procedure Act, 5 U.S.C. 701 et seq., and the mandamus
statute, 28 U.S.C. 1361, or to commence de novo proceedings pursuant to the appropriate statutes.
1614.504 Compliance with settlement agreements and final actions.
(a) 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 agency. If the complainant believes that the agency has
failed to comply with the terms of a settlement agreement or decision, the complainant shall notify the
EEO Director, 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.
(b) The agency shall resolve the matter and respond to the complainant, in writing. If the agency has not
responded to the complainant, in writing, or if the complainant is not satisfied with the agency's attempt
to resolve the matter, the complainant may appeal to the Commission for a determination as to whether
the agency has complied with the terms of the settlement agreement or decision. The complainant may
file such an appeal 35 days after he or she has served the agency with the allegations of noncompliance,
but must file an appeal within 30 days of his or her receipt of an agency's determination. The
complainant must serve a copy of the appeal on the agency and the agency may submit a response to the
Commission within 30 days of receiving notice of the appeal.
(c) Prior to rendering its determination, the Commission may request that the parties submit whatever
additional information or documentation it deems necessary or may direct that an investigation or
hearing on the matter be conducted. If the Commission determines that the agency is not in compliance
and the noncompliance is not attributable to acts or conduct of the complainant, it may order such

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compliance or it may order that the complaint be reinstated for further processing from the point
processing ceased. Allegations that subsequent acts of discrimination violate a settlement agreement
shall be processed as separate complaints under 1614.106 or 1614.204, as appropriate, rather than under
this section.
1614.505 Interim relief.
(a)(1) When the agency appeals and the case involves removal, separation, or suspension
continuing beyond the date of the appeal, and when the administrative judge's decision orders
retroactive restoration, the agency 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 agency appeal. The employee may decline the offer of interim relief.
(2) Service under the temporary or conditional restoration provisions of paragraph (a)(1) 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
Commission 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 Commission reverses the decision on appeal.
(3) When the agency appeals, it 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 agency
delays payment of any amount pending the outcome of the appeal and the resolution of the appeal
requires the agency to make the payment, then the agency shall pay interest from the date of the
original decision until payment is made.
(4) The agency shall notify the Commission and the employee in writing at the same time it
appeals that the relief it provides is temporary or conditional and, if applicable, that it will delay
the payment of any amounts owed but will pay interest as specified in paragraph (b)(2) of this
section. Failure of the agency to provide notification will result in the dismissal of the agency's
appeal.
(5) The agency may, by notice to the complainant, decline to return the complainant to his or her
place of employment if it 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 his or her place of employment is not reviewable.
A grant of interim relief does not insulate a complainant from subsequent disciplinary or adverse
action.
(b) If the agency files an appeal and has not provided required interim relief, the complainant may
request dismissal of the agency's appeal. Any such request must be filed with the Office of Federal
Operations within 25 days of the date of service of the agency's appeal. A copy of the request must
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be served on the agency at the same time it is filed with EEOC. The agency may respond with
evidence and argument to the complainant's request to dismiss within 15 days of the date of
service of the request.
Subpart F-Matters of General Applicability
1614.601 EEO group statistics.
(a) Each agency shall establish a system to collect and maintain accurate employment information on the
race, national origin, sex and handicap(s) of its employees.
(b) Data on race, national origin and sex shall be collected by voluntary self-identification. If an
employee does not voluntarily provide the requested information, the agency shall advise the employee
of the importance of the data and of the agency's obligation to report it. If the employee still refuses to
provide the information, the agency must make a visual identification and inform the employee of the
data it will be reporting. If an agency believes that information provided by an employee is inaccurate,
the agency shall advise the employee about the solely statistical purpose for which the data is being
collected, the need for accuracy, the agency's recognition of the sensitivity of the information and the
existence of procedures to prevent its unauthorized disclosure. If, thereafter, the employee declines to
change the apparently inaccurate self-identification, the agency must accept it.
(c) The information collected under paragraph (b) shall be disclosed only in the form of gross statistics.
An agency shall not collect or maintain any information on the race, national origin or sex of individual
employees except when an automated data processing system is used in accordance with standards and
requirements prescribed by the Commission to insure individual privacy and the separation of that
information from personnel records.
(d) Each system is subject to the following controls:
(l) Only those categories of race and national origin prescribed by the Commission may be used;
(2) Only the specific procedures for the collection and maintenance of data that are prescribed or
approved by the Commission may be used;
(3) The Commission shall review the operation of the agency system to insure adherence to Commission
procedures and requirements. An agency may make an exception to the prescribed procedures and
requirements only with the advance written approval of the Commission.
(e) The agency may use the data only in studies and analyses which contribute affirmatively to achieving
the objectives of the equal employment opportunity program. An agency shall not establish a quota for
the employment of persons on the basis of race, color, religion, sex, or national origin.

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(f) Data on handicaps shall also be collected by voluntary self-identification. If an employee does not
voluntarily provide the requested information, the agency shall advise the employee of the importance of
the data and of the agency's obligation to report it. If an employee who has been appointed pursuant to
special appointment authority for hiring individuals with handicaps still refuses to provide the requested
information, the agency must identify the employee's handicap based upon the records supporting the
appointment. If any other employee still refuses to provide the requested information or provides
information which the agency believes to be inaccurate, the agency should report the employee's
handicap status as unknown.
(g) An agency shall report to the Commission on employment by race, national origin, sex and handicap
in the form and at such times as the Commission may require.
1614.602 Reports to the Commission.
(a) Each agency shall report to the Commission information concerning pre-complaint counseling and
the status, processing and disposition of complaints under this part at such times and in such manner as
the Commission prescribes.
(b) Each agency shall advise the Commission whenever it is served with a Federal court complaint based
upon a complaint that is pending on appeal at the Commission.
(c) Each agency shall submit annually for the review and approval of the Commission written national
and regional equal employment opportunity plans of action. Plans shall be submitted in a format
prescribed by the Commission and shall include, but not be limited to:
(1) Provision for the establishment of training and education programs designed to provide maximum
opportunity for employees to advance so as to perform at their highest potential;
(2) Description of the qualifications, in terms of training and experience relating to equal employment
opportunity, of the principal and operating officials concerned with administration of the agency's equal
employment opportunity program; and
(3) Description of the allocation of personnel and resources proposed by the agency to carry out its equal
employment opportunity program.
1614.603 Voluntary settlement attempts.
Each agency 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. Any settlement reached shall be in writing and signed by both parties and shall identify
the claims resolved.

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1614.604 Filing and computation of time.
(a) All time periods in this part that are stated in terms of days are calendar days unless otherwise stated.
(b) A document shall be deemed timely if it is received or postmarked before the expiration of the
applicable filing period, or, in the absence of a legible postmark, if it is received by mail within five days
of the expiration of the applicable filing period.
(c) The time limits in this part are subject to waiver, estoppel and equitable tolling.
(d) The first day counted shall be the day after the event from which the time period begins to run and
the last day of the period shall be included, unless it falls on a Saturday, Sunday or Federal holiday, in
which case the period shall be extended to include the next business day.
1614.605 Representation and official time.
(a) At any stage in the processing of a complaint, including the counseling stage under 1614.105, the
complainant shall have the right to be accompanied, represented, and advised by a representative of
complainant's choice.
(b) If the complainant is an employee of the agency, he or she shall have a reasonable amount of official
time, if otherwise on duty, to prepare the complaint and to respond to agency and EEOC requests for
information. If the complainant is an employee of the agency and he designates another employee of the
agency as his or her representative, the representative shall have a reasonable amount of official time, if
otherwise on duty, to prepare the complaint and respond to agency and EEOC requests for information.
The agency is not obligated to change work schedules, incur overtime wages, or pay travel expenses to
facilitate the choice of a specific representative or to allow the complainant and representative to confer.
The complainant and representative, if employed by the agency and otherwise in a pay status, shall be on
official time, regardless of their tour of duty, when their presence is authorized or required by the agency
or the Commission during the investigation, informal adjustment, or hearing on the complaint.
(c) In cases where the representation of a complainant or agency would conflict with the official or
collateral duties of the representative, the Commission or the agency may, after giving the representative
an opportunity to respond, disqualify the representative.
(d) Unless the complainant states otherwise in writing, after the agency has received written notice of the
name, address and telephone number of a representative for the complainant, all official correspondence
shall be with the representative with copies to the complainant. When the complainant designates an
attorney as representative, service of all official correspondence shall be made on the attorney and
the complainant, but time frames for receipt of materials shall be computed from the time of
receipt by the attorney. The complainant must serve all official correspondence on the designated
representative of the agency.
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(e) The Complainant shall at all times be responsible for proceeding with the complaint whether or not
he or she has designated a representative.
(f) Witnesses who are Federal employees, regardless of their tour of duty and regardless of whether they
are employed by the respondent agency or some other Federal agency, shall be in a duty status when
their presence is authorized or required by Commission or agency officials in connection with a
complaint.
1614.606 Joint processing and consolidation of complaints.
Complaints of discrimination filed by two or more complainants consisting of substantially similar
allegations of discrimination or relating to the same matter may be consolidated by the agency or
the Commission for joint processing after appropriate notification to the parties. Two or more
complaints of discrimination filed by the same complainant shall be consolidated by the agency for
joint processing after appropriate notification to the complainant. When a complaint has been
consolidated with one or more earlier filed complaints, the agency shall complete its investigation
within the earlier of 180 days after the filing of the last complaint or 360 days after the filing of the
original complaint, except that the complainant may request a hearing from an administrative
judge on the consolidated complaints any time after 180 days from the date of the first filed
complaint. Administrative judges or the Commission may, in their discretion, consolidate two or
more complaints of discrimination filed by the same complainant.
1614.607 Delegation of authority.
An agency head may delegate authority under this part, to one or more designees.

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