[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8006]
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[Federal Register: April 6, 1994]
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FEDERAL RESERVE SYSTEM
12 CFR Part 268
[Docket No. R-0797]
Rules Regarding Equal Opportunity
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Final rule.
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SUMMARY: The Board of Governors of the Federal Reserve System (the
Board) has revised and reissued its Rules Regarding Equal Opportunity
(Rules) to conform those Rules as closely as possible to the Equal
Employment Opportunity Commission's (the Commission's) complaint
processing regulation for federal employers, ``Federal Sector Equal
Employment Opportunity'', which became effective October 1, 1992.
EFFECTIVE DATE: May 6, 1994.
FOR FURTHER INFORMATION CONTACT: Stephen L. Siciliano, Special
Assistant to the General Counsel for Administrative Law (202/452-3920),
or J. Mills Williams, Senior Attorney (202/452-3701), Legal Division,
Board of Governors of the Federal Reserve System. For hearing impaired
only, Telecommunication Device for the Deaf (TDD), Dorothea Thompson
(202/452-3544), Board of Governors of the Federal Reserve System, 20th
and C Streets NW., Washington, DC 20551.
SUPPLEMENTARY INFORMATION: These Rules are hereby issued as a final
rule. The Board issued these Rules as an interim rule, with request for
public comments, on February 18, 1993. This final rule deviates from
the interim rule in only a few particulars, based upon recommendations
received from the Commission and from interested members of the Board's
staff.
With regard to laws respecting discrimination in employment, the
Board as a matter of policy has long recognized that it should afford
to its employees, applicants for employment, and others the same
substantive and procedural rights that are enjoyed by persons in their
dealings with other government agencies. Pursuant to this policy, part
268 has been revised by the Board after the issuance by the Commission
of its federal sector complaint processing regulations (29 CFR part
1614) which became effective on October 1, 1992. A new part 268 was
issued by the Board as an interim rule effective February 18, 1993; (58
FR 9517, February 22, 1993) and is now issued as a final rule with
revisions following receipt and consideration of public comments.
Consistent with the Commission's new regulations, this final rule
addresses matters of the kind addressed by Title VII of the Civil
Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.), the
Rehabilitation Act, as amended (29 U.S.C. 791), the Age Discrimination
in Employment Act, as amended (29 U.S.C. 621 et seq.) and the Equal Pay
Act (29 U.S.C. 206(d)). Subpart G (Prohibition Against Discrimination
In Board Programs And Activities Because Of A Physical Or Mental
Handicap) of the interim rule has also been revised consistent with
recent revisions to section 504 of the Rehabilitation Act, as amended
(29 U.S.C. 794).
Summary of Comments
The Commission and one commenter recommended that the terms
``handicap'' and ``handicapped'' should be replaced with ``disability''
or ``disabled'' throughout the Rules. The Rehabilitation Act Amendments
of 1992 substituted the term ``disability'' for the term ``handicap''
throughout the Rehabilitation Act (Section 102(f), Pub. L. 102-569). It
is the Board's intention to update the language of its Rules to conform
to the 1992 amendment with whatever updates are made by the Commission.
Although such revisions have not yet been incorporated in the
Commission's regulations (29 CFR part 1614), in light of the
Commission's specific recommendations, the Board has substituted
appropriate language throughout the Rules as set forth above.
One commenter took exception to the deletion of section 703 (Self
evaluation) of the prior Rules, which was in effect prior to February
18, 1993. Section 703 had required the Board to evaluate its then
current policies and practices, and to make necessary modifications,
regarding the upgrade of its facilities to conform to the standards of
Section 504 of the Rehabilitation Act. The time limits stated in
section 703 have passed. The Board has conducted the required survey of
its facilities, and the Board has been implementing appropriate
modifications to its facilities. Therefore, the Board believes that
section 703 has become moot. The Board believes that this is a
technical deletion that does not affect the Board's strong and
continuing commitment to equal opportunity and equal access for
individuals with a disability.
The Commission suggested merging Sec. 268.102(u) into
Sec. 268.102(t) of the Rules, so that both paragraphs relate to
sections 501 and 504 of the Rehabilitation Act. The Board has adopted
this suggestion. The Commission also suggested that the Board amend the
definition of ``individual with a disability'' to exclude from the
definition alcoholics and individuals with current infectious diseases.
With the assistance of the Commission's staff, the Board has inserted
language in Sec. 268.303 which provides that alcoholics will be held to
the same performance and conduct standards that all other Board
employees must satisfy, following the Commission's regulations
regarding holding alcoholics to the same performance and conduct
standards to which an employer holds its other employees. 29 CFR
1630.16(b). In addition, language has been inserted to prevent persons
with infectious diseases from working in the Board's food handling
area, following the Commission's regulations regarding infectious and
communicable diseases for food handling jobs. 29 CFR 1630.16(e).
The Commission suggested that adoption of part 268 by the Board is
unnecessary in light of the Commission's Government-wide complaint
processing procedures. 29 CFR part 1614. The Board believes, however,
based on specific provisions of the Federal Reserve Act and established
precedent, that adoption of part 268 is necessary to authorize and
insure the Board's compliance with the important national policies set
forth in the Equal Employment Opportunity Act and the other laws cited
above. The Board will continue to work closely with the Commission to
insure effective implementation of these Rules consistent with those
laws and the policies of the Commission.
Finally, one commenter expressed a concern regarding the
organizational placement and reporting relationship of the EEO Programs
Officer. Citing the Commission's Federal Sector Equal Employment
Opportunity regulations (29 CFR 1614.102(b)(3)), the commenter proposed
that the EEO Programs Officer report to the Chairman of the Board of
Governors. The Commission addressed this matter in the preamble to its
regulations and stated ``Moreover, Sec. 1614.607 permits [the agency
head] to delegate that authority. Ultimate responsibility would remain,
though, with the higher official.'' 57 FR 12642, April 10, 1992. The
Board believes that the EEO Programs Officer's reporting relationship
is appropriate and is consistent with the Commission's approach. In
this connection, the Board's Rule provides that the EEO Programs
Officer, who reports to the Staff Director for Management and whose
title has been changed to ``EEO Programs Director'' as reflected in
this Final Rule, may ``advise and consult with the Chairman of the
Board of Governors * * *'' Sec. 268.103(c)(2).
Other Revisions to Interim Rule
Additional, minor modifications have been made in the final rule
based on comments received from Board staff. These modifications are
not substantive:
(1) The third sentence in Sec. 268.103(c)(11) has been re-written
to reflect actual practice concerning the EEO Programs Director's
contracting authority;
(2) A new paragraph (d) has been added to Sec. 268.202 stating that
section 501 of the Rehabilitation Act is covered by these Rules, which
caused paragraphs (d) and (e) to be renumbered as paragraphs (e) and
(f);
(3) Sections 268.202(e)(13), 268.205(c), 268.204(b) and 268.604(b)
were modified to clarify existing language in the interim rule;
(4) Section 268.204(f) was modified to make it clear that the Board
will develop and use alternative dispute resolution procedures;
(5) Section 268.206(a)(7) was modified to provide that the Staff
Director for Management or the General Counsel, or their designees,
should consult with the EEO Programs Director before issuing the
certification as provided for in subparagraph (7);
(6) Because of the strict time limits governing the issuance of a
final decision, Secs. 268.209(a) and 268.709(k) have been modified to
provide that the Governors will have only 3 business days (formerly 7
calendar days) to ask that a matter be brought to the full Board for
final decision rather than be resolved by the Board's delegee; and
(7) Section 268.304(b)(3) was modified so that it now provides that
the Board will prefer only U.S. citizens over equally qualified
noncitizens in hiring. This was done to insure compliance with the
Immigration Reform and Control Act, as amended.
These rules are hereby issued as the Board's final rule and this
final rule shall be made effective 30 days from publication. 5 U.S.C.
553(d)(3).
List of Subjects in 12 CFR Part 268
Administrative practice and procedure, Age, Americans with
disabilities, Civil rights, Equal employment opportunity, Federal
buildings and facilities, Federal Reserve System, Government employees,
Religious discrimination, Sex discrimination, Wages.
For the reasons set out in the preamble, chapter II of the Code of
Federal Regulations is amended by revising 12 CFR part 268 to read as
follows:
PART 268--RULES REGARDING EQUAL OPPORTUNITY
Subpart A--General Provisions and Administration
Sec.
268.101 Authority, purpose and scope.
268.102 Definitions.
268.103 Equal employment designations.
Subpart B--Board Program To Promote Equal Opportunity
268.201 General policy for equal opportunity.
268.202 Board program for equal employment opportunity.
268.203 Complaints of discrimination covered under this part.
268.204 Pre-complaint processing.
268.205 Individual complaints.
268.206 Dismissals of complaints.
268.207 Investigation of complaints.
268.208 Hearings.
268.209 Final decisions.
Subpart C--Provisions Applicable to Particular Complaints
268.301 Age Discrimination in Employment Act.
268.302 Equal Pay Act.
268.303 Rehabilitation Act.
268.304 Employment of noncitizens.
268.305 Class complaints.
Subpart D--Review by the Equal Employment Opportunity Commission
268.401 Review by the Equal Employment Opportunity Commission.
268.402 Time limits for review by the Equal Employment Opportunity
Commission.
268.403 How to seek review.
268.404 Procedure on review.
268.405 Decisions on review.
268.406 Reconsideration.
Subpart E--Remedies, Enforcement and Civil Actions
268.501 Remedies and relief.
268.502 Compliance with EEOC decisions.
268.503 Enforcement of EEOC decisions.
268.504 Compliance with settlement agreements and final decisions.
268.505 Civil action: Title VII, Age Discrimination in Employment
Act and Rehabilitation Act.
268.506 Civil action: Equal Pay Act.
268.507 Effect of filing a civil action.
Subpart F--Matters of General Applicability
268.601 EEO group statistics.
268.602 Reports to the Equal Employment Opportunity Commission.
268.603 Voluntary settlement attempts.
268.604 Filing and computation of time.
268.605 Representation and official time.
268.606 Joint processing and consolidation of complaints.
Subpart G--Prohibition Against Discrimination in Board Programs and
Activities Because of a Physical or Mental Disability
268.701 Purpose and application.
268.702 Notice.
268.703 Prohibition against discrimination.
268.704 Employment.
268.705 Program accessibility: Discrimination prohibited.
268.706 Program accessibility: Existing facilities.
268.707 Program accessibility: New construction and alterations.
268.708 Communications.
268.709 Compliance procedures.
Authority: 12 U.S.C. 244 and 248(i), (k) and (l).
Subpart A--General Provisions and Administration
Sec. 268.101 Authority, purpose and scope.
(a) Authority. The regulations in this part (12 CFR part 268) are
issued by the Board of Governors of the Federal Reserve System under
the authority of sections 10(4) and 11(i), (k) and (l) of the Federal
Reserve Act (partially codified in 12 U.S.C. 244 and 248(i), (k) and
(l)).
(b) Purpose and scope. This part sets forth the Board's policy,
program and procedures for providing equal opportunity to Board
employees and applicants for employment without regard to race, color,
religion, sex, national origin, age, or physical or mental disability.
It also sets forth the Board's policy, program and procedures for
prohibiting discrimination on the basis of physical or mental
disability in programs and activities conducted by the Board. It also
specifies the circumstances under which the Board will hire or decline
to hire persons who are not citizens of the United States, consistent
with the Board's operational needs, the requirements and prohibitions
of the Immigration Reform and Control Act of 1986, as amended, and
other applicable law.
Sec. 268.102 Definitions.
The definitions contained in this section shall have the following
meanings throughout this part unless otherwise stated.
(a) ADEA means the Age Discrimination In Employment Act (29 U.S.C.
621 et seq.).
(b) Agent of the class means a class member who acts for the class
during the processing of the class complaint under Sec. 268.305 of this
part.
(c) Agreement of resolution means the agreement referred to in
Sec. 268.305(f)(3) of this part.
(d) Auxiliary aids as used in subpart G of this part means services
or devices that enable persons with impaired sensory, manual, or
speaking skills to have an equal opportunity to participate in, and
enjoy the benefits of, programs or activities conducted by the Board.
For example, auxiliary aids useful for persons with impaired vision
include readers, Braille materials, audio recordings, telecommunication
devices and other similar services and devices. Auxiliary aids useful
for persons with impaired hearing include telephone handset amplifiers,
telephones compatible with hearing aids, telecommunication devices for
deaf persons (TDD's), interpreters, note takers, written materials, and
other similar services and devices.
(e) Board means the Board of Governors of the Federal Reserve
System.
(f) Class as used in Sec. 268.305 of this part means a group of
Board employees, former employees or applicants for employment who
allegedly have been or are being adversely affected by a personnel
policy or practice of the Board that discriminates against the group on
the basis of their race, color, religion, sex, national origin, age or
disability.
(g) Class complaint means a written complaint of discrimination
filed on behalf of a class by the agent of the class alleging that:
(1) The class is so numerous that a consolidated complaint of the
members of the class is impractical;
(2) There are questions of fact common to the class;
(3) The claims of the agent of the class are typical of the claims
of the class; and
(4) The agent of the class, or, if represented, the representative,
will fairly and adequately protect the interests of the class.
(h) Commission means the Equal Employment Opportunity Commission.
(i) Complainant means an aggrieved person who files an individual
complaint pursuant to Sec. 268.205 of this part, except that
complainant shall mean a complainant, agent of the class or individual
class claimant for purposes of Secs. 268.209, 268.402 through 268.406
and subparts E and F of this part.
(j) Complete complaint as used in subpart G of this part means a
written statement that contains the complainant's name and address and
describes the Board's alleged discriminatory actions in sufficient
detail to inform the Board of the nature and date of the alleged
violation. It shall be signed by the complainant or by someone
authorized to do so on his or her behalf. Complaints filed on behalf of
classes or third parties shall describe or identify (by name, if
possible) the alleged victims of discrimination.
(k) EEOC decision means the written decision issued by the
Commission's Office of Federal Operations as described in Sec. 268.405
of this part.
(l) Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
(m) Final decision means the Board's decision described in
Sec. 268.209 of this part.
(n) Has a record of such an impairment means has a history of, or
has been classified (or misclassified) as having, a physical or mental
impairment that substantially limits one or more major life activities.
(o) Individual with a disability means a person who:
(1) Has a physical or mental impairment which substantially limits
one or more of such person's major life activities;
(2) Has a record of such an impairment; or
(3) Is regarded as having such an impairment; and
(4) Shall not include an individual, a Board employee or applicant
for employment, impaired while under the influence of illegal drugs, an
individual disabled by alcoholism, or an individual with an infectious
or communicable disease, as further defined in Sec. 268.303(g) of this
part.
(p) Investigator means an investigative officer or complaint
examiner selected or appointed pursuant to Secs. 268.103(c)(11) and
268.305(e)(3) of this part.
(q) Is regarded as having an impairment means:
(1) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the Board as constituting
such a limitation;
(2) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others
toward such impairment; or
(3) Has none of the impairments defined in Sec. 268.102(s) of this
part, but is treated by the Board as having such an impairment.
(r) Major life activities means functions, such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
(s) Physical or mental impairment means:
(1) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: Neurological, musculoskeletal, special sense
organs, respiratory (including speech organs), cardiovascular,
reproductive, digestive, genitourinary, hemic and lymphatic, skin, and
endocrine; or
(2) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities.
(t) Qualified individual with a disability means:
(1) With respect to a Board program or activity under which a
person is required to perform services or to achieve a level of
accomplishment, an individual with a disability who meets the essential
eligibility requirements and who can achieve the purpose of the program
or activity without modifications in the program or activity that the
Board can determine on the basis of a written record would result in a
fundamental alteration in its nature;
(2) With respect to any other program or activity, an individual
with a disability who meets the essential eligibility requirements for
participation in, or receipt of benefits from, that program or
activity; or
(3) With respect to employment, an individual with a disability
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 meets the
experience or education requirements (which may include passing a
written test) of the position in question.
(u) Title VII means Title VII of the Civil Rights Act (42 U.S.C.
2000e et seq.).
Sec. 268.103 Equal employment designations.
(a) Administrative Governor. The Administrative Governor, a member
of the Board of Governors designated by the Chairman of the Board, is
charged with overseeing the internal affairs of the Board and is
empowered to make decisions and determinations on behalf of the Board
when authority to do so is delegated to him or her.
(1) The Administrative Governor is hereby delegated the authority
to make determinations adjudicating complaints of discrimination
pursuant to Secs. 268.206, 268.209, 268.305(i) and 268.709 of this
part, unless a member of the Board of Governors has requested that the
Board of Governors make the decision on the complaint pursuant to
Secs. 268.209(a) or 268.709(k) of this part, settlements pursuant to
Sec. 268.305(f) of this part and determinations regarding attorney fees
pursuant to Sec. 268.501(e) of this part. The Administrative Governor
is further delegated the authority to order such corrective measures,
including such remedial actions as may be required by subpart E of this
part, as he or she may consider necessary, including such disciplinary
action as is warranted by the circumstances when an employee has been
found to have engaged in a discriminatory practice.
(2) The Administrative Governor may delegate to any officer or
employee of the Board any of his or her duties or functions under this
part.
(3) The Administrative Governor may refer to the Board of Governors
for determination or decision any complaint of discrimination that the
Administrative Governor would otherwise decide pursuant to
Secs. 268.206, 268.209, 268.305(i) and 268.709 of this part,
settlements pursuant to Sec. 268.305(f) of this part and determinations
regarding attorney fees pursuant to Sec. 268.501(e) of this part, and
may make changes in programs and procedures designed to eliminate
discriminatory practices or to improve the Board's programs under this
part, and may make any recommendation for remedial or disciplinary
action with respect to managerial or supervisory employees who have
failed in their responsibilities, or employees who have been found to
have engaged in discriminatory practices, or with regard to any other
matter which the Administrative Governor believes merits the attention
of the Board of Governors.
(b) Staff Director for Management. The Staff Director for
Management shall perform the following functions under this part:
(1) When so authorized by the Administrative Governor, the Staff
Director for Management shall make any determinations on complaints of
discrimination that would otherwise be made by the Administrative
Governor under Secs. 268.206, 268.209, 268.305(i) and 268.709 of this
part, settlement pursuant to Sec. 268.305(f) of this part and
determinations regarding attorney fees pursuant to Sec. 268.501(e) of
this part. The Staff Director for Management shall order such
corrective measures, including such remedial actions as may be required
by subpart E of this part as he or she may consider necessary, and
including the recommendation for such disciplinary action as is
warranted by the circumstances when an employee is found to have
engaged in a discriminatory practice.
(2) The Staff Director for Management shall review the record on
any complaint under this part before a determination is made by the
Board of Governors or the Administrative Governor on the complaint and
make such recommendations as to the determination as he or she
considers desirable, including any recommendation for such disciplinary
action as is warranted by the circumstances when an employee is found
to have engaged in a discriminatory practice.
(3) When authorized by the Administrative Governor, the Staff
Director for Management may make changes in programs and procedures
designed to eliminate discriminatory practices and improve the Board's
program for equal employment opportunity.
(c) EEO Programs Director. The EEO Programs Director is appointed
by the Board of Governors and shall perform the following functions
under this part:
(1) Administer the Board's equal employment opportunity program and
advise the Board, the Administrative Governor and the Staff Director
for Management with respect to the preparation of equal employment
opportunity plans, goals, objectives, procedures, regulations, reports,
and other matters pertaining to the Board's program established under
Sec. 268.202 of this part;
(2) Advise and consult with the Chairman of the Board of Governors,
when necessary, on any matter pertaining to the Board's equal
employment opportunity program and its administration;
(3) Evaluate from time to time the sufficiency of the Board's total
program for equal employment opportunity and report to the Board of
Governors, the Administrative Governor and the Staff Director for
Management, 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;
(4) Recommend to the Staff Director for Management and the
Administrative Governor changes in programs and procedures designed to
eliminate discriminatory practices and improve the Board's program for
equal employment opportunity;
(5) Appoint a Federal Women's Program Manager, a Hispanic Program
Coordinator, a Disabled Persons Program Coordinator, and such EEO
Counselor(s) as may be necessary to assist the EEO Programs Director in
carrying out the functions described in this part. The EEO Programs
Director shall ensure such managers, coordinators and counselor(s)
shall receive full and proper training to implement their duties and
responsibilities under this part;
(6) Publicize to Board employees and applicants for employment and
post at all times on official Board bulletin boards:
(i) The names, business telephone numbers, business addresses and
the equal employment opportunity responsibilities of the Staff Director
for Management, the EEO Programs Director, the Federal Women's Program
Manager, the Hispanic Program Coordinator, and the Disabled Persons
Program Coordinator;
(ii) The names, business telephone numbers, business addresses of
EEO Counselors, the segments of the Board for which they are
responsible, the availability of EEO Counselors to counsel an employee
or applicant for employment who believes that he or she has been
discriminated against because or race, color, religion, sex, national
origin, age, or physical or mental disability, and the requirement that
an employee or applicant for employment must consult an EEO Counselor
as provided by Secs. 268.204 and 268.305(a) of this part; and
(iii) The time limits for contacting EEO Counselors;
(7) Provide to each employee annually (and the Division of Human
Resource Management shall provide to each applicant for employment) a
copy of a notice summarizing the general purposes of this part and
specifying where copies of this part can be obtained. The EEO Programs
Director shall ensure that copies of the summary of this part are
posted in permanent locations in all Board facilities. The EEO Programs
Director shall, on the request of any employee or applicant for
employment provide that employee or applicant for employment with a
copy of this part;
(8) Provide for counseling of aggrieved individuals and for the
receipt and processing of individual and class complaints of
discrimination;
(9) Provide for the receipt and investigation of individual
complaints of discrimination, subject to Secs. 268.204 through 268.209
of this part, and provide for the acceptance and processing and/or
dismissal of class action complaints in accordance with Sec. 268.305 of
this part;
(10) Act as the Board's designee under Sec. 268.305(c) of this
part;
(11) Appoint any investigators as necessary to administer this
part. The EEO Programs Director is authorized to request the loan or
assignment of any investigators or administrative judges from any
agency as necessary to administer this part. The EEO Programs Director
shall obtain the concurrence of the Staff Director for Management for
all appointments of and reimbursements to investigators, whether from
the private sector or otherwise, which exceeds the EEO Programs
Director's procurement authority;
(12) Assure that individual complaints are fairly and thoroughly
investigated and that final decisions of the Board are issued in a
timely manner in accordance with this part;
(13) Dismiss a complaint, or a portion of a complaint, pursuant to
Secs. 268.206 and 268.305(c) of this part;
(14) Suspend the complaint process when appropriate for any matter
that is before the Merit Systems Protection Board for a determination;
and
(15) Make recommendations based upon investigative reports,
hearings and EEOC decisions which require the Board's final decision
pursuant to Sec. 268.209 of this part.
(d) EEO Counselors. The EEO Counselor(s) are appointed by the EEO
Programs Director. EEO Counselors shall carry out the functions set
forth in Sec. 268.204 of this part.
(e) Federal Women's Program Manager. The EEO Programs Director
shall appoint a Federal Women's Program Manager. The Federal Women's
Program Manager shall perform the following functions: Advise the Board
of Governors, the Administrative Governor, the Staff Director for
Management and the EEO Programs Director on matters affecting, and
administer the Board's program with respect to, the employment and
advancement of women.
(f) Hispanic Program Coordinator. The EEO Programs Director shall
appoint a Hispanic Program Coordinator. The Hispanic Program
Coordinator shall perform the following functions: Advise the Board of
Governors, the Administrative Governor, the Staff Director for
Management and the EEO Programs Director on matters affecting, and
administer the Board's program with respect to, the employment and
advancement of Hispanics.
(g) Disabled Persons Program Coordinator. The EEO Programs Director
shall appoint a Disabled Persons Program Coordinator. The Disabled
Persons Program Coordinator shall perform the following functions:
Advise the Board of Governors, the Administrative Governor, the Staff
Director for Management and the EEO Programs Director on matters
affecting, and administer the Board's program with respect to, the
employment and advancement of individuals with a disability.
Subpart B--Board Program to Promote Equal Opportunity
Sec. 268.201 General policy for equal opportunity.
(a) It is the policy of the Board to provide equal opportunity in
employment for all persons, to prohibit discrimination in employment
because of race, color, religion, sex, national origin, age or
disability, and to promote the full realization of equal opportunity in
employment through a continuing affirmative program.
(b) It is also the policy of the Board to insure equal opportunity
for individuals with a disability in Board programs and activities
consistent with section 504 of the Rehabilitation Act (29 U.S.C. 794)
and to provide equal opportunity for all persons in accordance with the
Immigration Reform and Control Act of 1986, as amended (8 U.S.C.
1324a).
(c) No person shall be subject to retaliation for opposing any
practice prohibited by this part, or for participating in any stage of
administrative or judicial proceedings under this part. The practices
prohibited by this part include those made unlawful by Title VII, the
ADEA, the Equal Pay Act (29 U.S.C. 206(d)) and the Rehabilitation Act
(29 U.S.C. 791).
Sec. 268.202 Board program for equal employment opportunity.
(a) The Board, on the basis of a person's race, color, religion,
sex or national origin, shall not:
(1) Fail or refuse to hire or discharge any person, or otherwise
discriminate against any person with respect to his or her
compensation, terms, conditions or privileges of employment; or
(2) Limit, segregate, or classify its employees or applicants for
employment in any way which would deprive or tend to deprive any person
of employment opportunities or otherwise adversely affect the person's
status as an employee.
(b)(1) The Board, on the basis of a person's age, shall not:
(i) Fail or refuse to hire or discharge any person or otherwise
discriminate against any person with respect to his or her
compensation, terms, conditions or privileges of employment;
(ii) Limit, segregate or classify its employees or applicants for
employment in any way which would deprive or tend to deprive any person
of employment opportunities or otherwise adversely affect the person's
status as an employee or applicant for employment;
(iii) Reduce the wage rate of any employee in order to comply with
paragraph (b) of this section;
(iv) Discriminate against any employee or applicant for employment
because such employee or applicant for employment has opposed any
practice forbidden under paragraph (b) of this section, or because such
employee or applicant for employment has made a charge, testified,
assisted or participated in any manner in any investigation, proceeding
or litigation involving paragraph (b) of this section or the ADEA; or
(v) Print or publish, or cause to be printed or published, any
notice or advertisement relating to employment by the Board indicating
any preference, limitation, specification or discrimination.
(2) An aggrieved person filing a complaint of discrimination on the
basis of age under this subpart B or Sec. 268.305 of this part must
have been at least 40 years of age at the time the alleged
discrimination occurred.
(c) The Board shall not discriminate among employees on the basis
of sex by paying wages to employees at a rate less than the rate at
which it pays wages to employees of the opposite sex for equal work on
jobs the performance of which require equal skill, effort and
responsibility, and which are performed under similar conditions,
except where such payment is made pursuant to:
(1) A seniority system;
(2) A merit system;
(3) A system which measures earnings by quantity or quality or
production; or
(4) A differential based on any factor other than sex or otherwise
not prohibited by this part.
(d) The Board shall not discriminate against qualified individuals
with a disability who are physically or mentally disabled. The Board's
program regarding individuals with a disability in employment is fully
described in Sec. 268.303 of this part.
(e) The Board has established, maintains and carries out a
continuing affirmative program designed to promote equal opportunity
and to identify and eliminate discriminatory practices and policies. In
support of its program, the Board:
(1) Provides sufficient resources to administer its equal
opportunity program to ensure efficient and successful operation;
(2) Provides for the prompt, fair and impartial processing of
complaints in accordance with this part, and consistent with guidance
proffered by the Commission;
(3) Conducts a continuing campaign to eradicate every form of
prejudice or discrimination from the Board's personnel policies,
practices and working conditions;
(4) Communicates the Board'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
physical or mental disability, and solicits their recruitment
assistance on a continuing basis;
(5) Reviews, evaluates and controls managerial and supervisory
performance in such a manner as to insure a continuing affirmative
application and vigorous enforcement of the policy of equal employment
opportunity, and provides orientation, training and advice to managers
and supervisors to assure their understanding and implementation of the
Board's equal employment opportunity policy and program;
(6) Takes appropriate disciplinary action against employees who
engage in discriminatory practices;
(7) Makes reasonable accommodation to the religious needs of
employees and applicants for employment when those accommodations can
be made without undue hardship on the operations of the Board;
(8) Makes reasonable accommodation to the known physical or mental
limitations of qualified applicants and employees with disabilities
unless the accommodation would impose an undue hardship on the
operations of the Board;
(9) Reassigns, in accordance with Sec. 268.303(f) of this part,
nonprobationary employees who develop physical or mental limitations
that prevent them from performing the essential functions of their
positions even with reasonable accommodation;
(10) Provides recognition to employees, supervisors, managers and
units demonstrating superior accomplishment in equal employment
opportunity;
(11) Has established a system for periodically evaluating the
effectiveness of the Board's overall equal employment opportunity
effort;
(12) Provides 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) Informs its employees and applicants for employment of the
Board's affirmative equal opportunity policy and program, and enlists
the cooperation of Board employees and other proper persons; and
(14) Participates 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.
(f) In order to implement its program, the Board:
(1) Develops the plans, procedures and regulations necessary to
carry out its program;
(2) Appraises its human resources management operations at regular
intervals to assure their conformity with the Board's program and this
part, consistent with guidance proffered by the Commission;
(3) Assigns equal employment opportunity responsibilities as
appropriate to the Administrative Governor and the Staff Director for
Management, and designates an EEO Programs Director, EEO Counselors, a
Federal Women's Program Manager, a Hispanic Program Coordinator and a
Disabled Persons Program Coordinator, and clerical and administrative
support, to carry out the functions of this part in all divisions and
offices at the Board;
(4) Makes written materials available to all employees and
applicants for employment informing them of the variety of equal
employment opportunity programs, and administrative and judicial
remedial procedures available to them, and prominently posts such
written materials in its human resource management and EEO offices, and
throughout the workplace;
(5) Ensures that full cooperation is provided by all Board
employees to EEO Counselors, Board equal employment opportunity
personnel and to investigators in the processing and resolution of pre-
complaint matters and complaints filed with the Board, and that
cooperation is provided to the Commission in connection with review of
Board decisions, including granting the Commission routine access to
relevant records of the Board as appropriate and consistent with
applicable law, regulations and policies of the Board; and
(6) Publicizes to all employees and posts at all times the names,
business telephone numbers and business addresses of the EEO
Counselors, a notice of the time limits and necessity of contacting an
EEO Counselor before filing a complaint, and the telephone numbers and
addresses of the Staff Director for Management, EEO Programs Director,
Federal Women's Program Manager, Hispanic Program Coordinator and
Disabled Persons Program Coordinator.
Sec. 268.203 Complaints of discrimination covered under this part.
(a) Individual and class complaints of employment discrimination
and retaliation prohibited by Sec. 268.202(a) (discrimination on the
basis of race, color, religion, sex and national origin),
Sec. 268.202(b) (discrimination on the basis of age when the aggrieved
person is at least 40 years of age), Sec. 268.303(a) (discrimination on
the basis of a disability), or Sec. 268.202(c) (sex-based wage
discrimination) of this part shall be processed in accordance with this
part. Complaints alleging retaliation prohibited under this part are
considered to be complaints of discrimination for purposes of this
part.
(b) Except as set forth in Sec. 268.304 and in subpart G of this
part, this part applies to all Board employees and applicants for
employment at the Board, and to all Board personnel policies or
practices affecting Board employees or applicants for employment at the
Board.
Sec. 268.204 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 disability must consult an EEO Counselor prior to filing a
complaint in order to try to informally resolve the matter.
(1) An aggrieved person must initiate contact with an EEO 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 date that
the action was communicated to the aggrieved person.
(2) The Board 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 an EEO Counselor within the time limits, or for
other reasons considered sufficient by the Board.
(b) At the initial counseling session, EEO Counselors must advise
individuals in writing of their rights and responsibilities, including
the right to request a hearing after the investigation by the Board,
the right to file a notice of intent to sue pursuant to Sec. 268.301(a)
of this part and to file a lawsuit alleging a violation of 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 matter(s) raised in pre-complaint counseling
(or issues like or related to issues raised in pre-complaint
counseling) may be alleged in a subsequent complaint filed with the
Board. EEO Counselors must advise individuals of their duty to keep the
Board informed of their current address, to serve copies of requests
for review by the Commission on the Board, and to keep the Commission
informed of their current address in connection with any review of a
Board action. The notice required by paragraphs (d) and (e) of this
section shall include a notice of the right to file a class complaint.
If the aggrieved person informs an EEO Counselor that he or she wishes
to file a class complaint, the EEO Counselor shall explain the class
complaint procedures and the responsibilities of the agent of the
class.
(c) EEO Counselors shall conduct counseling activities in
accordance with instructions promulgated by the EEO Programs Director,
which shall be consistent with the counseling guidelines contained in
the Commission's ``EEO Management Directives For 29 CFR part 1614''.
When advised that a complaint has been filed by an aggrieved person,
the EEO Counselor shall submit a written report within 15 calendar days
to the EEO Programs Director and to 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, the EEO Counselor shall
conduct the final interview with the aggrieved person within 30 days of
the date the aggrieved person brought the matter to the EEO Counselor's
attention. If the matter has not been resolved, the aggrieved person
shall be informed in writing by the EEO Counselor, not later than the
30th day after contacting the EEO Counselor, of the right to file a
discrimination complaint with the Board. This notice shall inform the
complainant of the right to file a discrimination complaint within 15
calendar 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 EEO Programs Director 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 Board 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) In the event the aggrieved person believes that he/she has been
discriminated against and agrees to participate in an established Board
alternative dispute resolution procedure, the pre-complaint processing
period of this section will be 90 days. If the matter has not been
resolved before the 90th day, the notice described in paragraph (d) of
this section shall then be issued.
(g) The EEO Counselor shall not attempt in any way to restrain the
aggrieved person from filing a complaint. The EEO Counselor shall not
reveal the identity of an aggrieved person who consulted the EEO
Counselor, except when authorized to do so by the aggrieved person, or
until the Board has received a discrimination complaint under this part
from that person involving the same matter.
Sec. 268.205 Individual complaints.
(a) A complaint alleging that the Board discriminated against the
complainant must be filed with the Board.
(b) A complaint must be filed within 15 calendar days of receipt of
the notice required by Secs. 268.204 (d), (e) or (f) of this part.
(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 person 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 complainant's representative can
be contacted.
(d) The EEO Programs Director shall acknowledge receipt of a
complaint in writing and inform the complainant of the date on which
the complaint was filed. Such acknowledgement shall also advise the
complainant that:
(1) The complainant has the right to file a request for review with
the Commission with regard to the Board's final decision or dismissal
of all or a portion of a complaint; and
(2) The Board is required to conduct a complete and fair
investigation of the complaint within 180 days of the filing of the
complaint unless the parties agree in writing to extend the period.
Sec. 268.206 Dismissals of complaints.
(a) The Board shall dismiss a complaint or a portion of a
complaint:
(1) That fails to state a claim under Secs. 268.203 and 268.205(c)
of this part, or states the same claim that is pending before or has
been decided by the Board or the Commission;
(2) That fails to comply with the applicable time limits contained
in Secs. 268.204, 268.205(b) and 268.305(b) of this part, unless the
Board extends the time limits in accordance with Sec. 268.604(c) of
this part, or that raises a matter that has not been brought to the
attention of an EEO Counselor and is not like or related to a matter
that has been brought to the attention of an EEO 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 was a party;
(4) That is moot or alleges that a proposal to take a personnel
action, or other preliminary step to taking a personnel action, is
discriminatory;
(5) 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 calendar days to a notice of
proposed dismissal sent to his or her last known address;
(6) Where the Board 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 calendar days of its receipt or the complainant's response
does not address the Board'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; or
(7) If, prior to the issuance of the notice required by
Sec. 268.207(f) of this part, the complainant refuses within 30 days of
receipt of an offer of settlement to accept the Board's offer of full
relief containing a certification from the Board's Staff Director for
Management, the General Counsel or a designee reporting directly to the
Staff Director for Management or General Counsel (after consulting with
the EEO Programs Director) that the offer constitutes full relief,
provided that the offer gave notice that failure to accept would result
in dismissal of the complaint. An offer of full relief under this
paragraph (a)(7) is the appropriate relief in Sec. 268.501 of this
part.
(b) The Board shall inform the complainant of the right to file a
request for review with the Commission with regard to the dismissal of
the individual complaint pursuant to Sec. 268.401 of this part, or to
file a civil action. A copy of EEOC Form 573, notice of Appeal/
Petition, shall be attached to the Board's decision to dismiss an
individual complaint under this section.
Sec. 268.207 Investigation of complaints.
(a) The investigation of individual complaints shall be conducted
by an investigator appointed by the EEO Programs Director.
(b) Consistent with guidance proffered by the Commission, the
Board, through the EEO Programs Director, shall develop a complete and
impartial factual record upon which to make findings on the matters
raised by the written complaint. The investigator 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. The EEO Programs Director may
incorporate alterative dispute resolution techniques into the
investigation in order to promote early resolution of complaints.
(c) The procedures in paragraphs (c)(1) through (4) of this section
apply to the investigation of complaints:
(1) The complainant, the Board and any employee of the Board shall
produce such documentary and testimonial evidence as the investigator
deems necessary, consistent with applicable laws, regulations and
policies of the Board.
(2) The investigator may administer oaths. Statements of witnesses
shall be made under oath or affirmation or, alteratively, by written
statement under penalty of perjury.
(3) When the complainant, or the Board 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 Board when rendering a final
decision should, or the Commission on review 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.
(4) If documentary or testimonial evidence is needed by the
investigator, and such documentary evidence is known to be contained in
the files of another federal agency, or the testimony of an employee of
another federal agency is needed, the EEO Programs Director shall, if
necessary, contact the Commission for assistance in obtaining such
documentary or testimonial evidence.
(d) The investigation shall be conducted by an investigator with
appropriate security clearances.
(e) The Board shall complete its investigation within 180 days of
the date of the filing of an individual complaint or within the time
period contained in the determination of the Commission on review of a
dismissal pursuant to Sec. 268.206 of this part. By written agreement
within those time periods, the complainant and the Board may
voluntarily extend the time period for not more than an additional 90
days. The Board 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 confidential information of the Board
under 12 CFR part 261, or other privileged information of the Board,
provided the Board notifies the complainant of the extension.
(f) Within 180 days from the filing of the complaint, within the
time period contained in a determination of the Commission's Office of
Federal Operations on review of a dismissal, or within any period of
extension provided for in paragraph (e) of this section, the Board
shall notify the complainant that the investigation has been completed,
shall provide the complainant with a copy of the investigative file,
and shall notify the complainant that, within 30 days of the receipt of
the investigative file, the complainant has the right to request a
hearing before an administrative judge from the Commission or may
receive an immediate final decision pursuant to Sec. 268.209 of this
part from the Board. In the absence of the required notice, the
complainant may request a hearing under Sec. 268.208 of this part at
any time after 180 days has elapsed from the filing of the complaint.
Sec. 268.208 Hearings.
(a) Requests. When a complainant requests a hearing, the EEO
Programs Director shall request the Commission to appoint an
administrative judge to conduct a hearing in accordance with this
section. Any hearing will be conducted by an administrative judge or
hearing examiner with appropriate security clearances. Where the
administrative judge determines that the complainant is raising or
intends to pursue issues like or related to those raised in the
complaint, but which the Board has not had an opportunity to address,
the administrative judge shall remand any such issue for counseling in
accordance with Sec. 268.204 of this part or for such other processing
as may be ordered by the administrative judge.
(b) 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 reasonably
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, privileged, or that
production would be unlawful.
(c) Conduct of hearing. The Board shall provide for the attendance
at a hearing of all Board 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 hearings raising claims of discrimination
any representative who refuses to follow the orders of an
administrative judge, or who otherwise engages in improper conduct. The
Board in such circumstances may take whatever action it deems
appropriate to suspend or disqualify any such attorney or
representative from appearing or practicing before the Board.
(d) Evidentiary procedures. The procedures in paragraphs (d) (1)
through (3) of this section apply to hearings of complaints:
(1) The complainant, the Board and any employee of the Board shall
produce such documentary and testimonial evidence as the administrative
judge deems necessary, consistent with applicable laws, regulations and
policies of the Board. If documentary or testimonial evidence is needed
for the hearing, and such documentary evidence is known to be contained
in the files of another federal agency, or if the testimony of an
employee of another federal agency is needed, then the administrative
judge may seek assistance from appropriate sources in obtaining such
documentary or testimonial evidence for the hearing.
(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 Board 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 administrative judge
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 finding fully or partially in favor of the opposing
party; or
(v) Take such other actions as appropriate.
(e) Findings and conclusions 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
calendar 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 calendar
days of receipt of the statement in paragraph (e)(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 findings and conclusions without a hearing or make such
other ruling as is appropriate.
(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 findings and
conclusions without holding a hearing.
(f) Record of hearing. The hearing shall be recorded and the Board
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 Board 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
Board's representative for reproduction.
(g) Findings and conclusions. Unless the administrative judge makes
a written determination that good cause exists for extending the time
for issuing findings of fact and conclusions of law, within 180 days of
a request for a hearing being received by the Commission, an
administrative judge shall issue findings of fact and conclusions of
law on the merits of the complaint, and shall order appropriate relief
where discrimination is found with regard to the matter that gave rise
to the complaint. The administrative judge shall send copies of the
entire record, including the transcript, and the findings and
conclusions to the parties by certified mail, return receipt requested.
Within 60 days of receipt of the findings and conclusions, the Board
may reject or modify the findings and conclusions or the relief ordered
by the administrative judge and issue a final decision in accordance
with Sec. 268.209 of this part. If the Board does not, within 60 days
of receipt of the findings and conclusions, accept, reject or modify
the findings and conclusions of the administrative judge, then the
findings and conclusions of the administrative judge and the relief
ordered shall become the final decision of the Board and the Board
shall notify the complainant of the final decision in accordance with
Sec. 268.209 of this part.
Sec. 268.209 Final decisions.
(a) The EEO Programs Director shall notify the Board of Governors
when a complaint is ripe for decision under this section. At the
request of any member of the Board of Governors made within 3 business
days of such notice, the Board of Governors shall make the decision on
the complaint. If no such request is made, the Administrative Governor,
or the Staff Director for Management if he or she is delegated the
authority to do so under Sec. 268.103(a)(2) of this part, shall make
the decision on the complaint.
(b) The Board shall issue a final decision:
(1) Within 60 days of receiving notification that a complainant has
requested an immediate decision in accordance with Sec. 268.207(f) of
this part;
(2) Within 60 days of the end of the 30-day period for the
complainant to request a hearing or an immediate final decision where
the complainant has not requested either a hearing or a final decision
as provided by Sec. 268.207(f) of this part;
(3) Within 60 days of receiving the findings and conclusions of an
administrative judge under Sec. 268.208(g) of this part;
(4) Within 30 days of receiving the written recommendation of an
administrative judge to accept or reject the class complaint pursuant
to Sec. 268.305(c)(7) of this part;
(5) If it decides to vacate an agreement of resolution upon the
selection of a member of the class pursuant to Sec. 268.305(f)(4) of
this part;
(6) Within 60 days of receiving findings and recommendations of an
administrative judge following a class action hearing pursuant to the
procedures stated under Sec. 268.305(i) of this part;
(7) Within 90 days of receipt of a written claim by a class member
pursuant to Sec. 268.305(k)(3) of this part; or
(8) Within 30 days of receiving the EEOC decision pursuant to
Sec. 268.405(c) of this part.
(c) The final decision of the Board shall consist of findings by
the Board on the merits of each issue in the complaint, or following
review by the Commission, the reason or reasons for acceptance,
modification or rejection of each finding in an EEOC decision. When
discrimination is found and indicated in the final decision,
appropriate remedies and relief in accordance with subpart E of this
part will be addressed in the final decision.
(d) The final decision shall contain information regarding the
right to file a request for review with the Commission of final
decisions pursuant to paragraphs (b)(1) through (7) of this section and
the procedures for filing a request for review with the Commission, the
right to file a civil action in a United States District Court,
including the name of the proper defendant in any such lawsuit, and the
applicable time limits for reviews and lawsuits. A copy of EEOC Form
573, Notice of Appeal/Petition, shall be attached to the final decision
pursuant to paragraphs (b)(1) through (7) of this section.
Subpart C--Provisions Applicable to Particular Complaints
Sec. 268.301 Age Discrimination in Employment Act.
(a) As an alterative to filing a complaint of discrimination on the
basis of age under this part, an aggrieved person may file a civil
action in a United States District Court against the Board of
Governors. The aggrieved person must give notice of his or her intent
to file such action with the Commission, with a copy to the Board's EEO
Programs Director, not less than 30 days prior to filing such civil
action. The notice must be filed in writing with the Commission:
Federal Sector Programs, Equal Employment Opportunity Commission, 1801
L Street, NW, Washington, DC 20507, 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. The Board may adopt a Commission exemption for
inclusion under this section.
(c) When an aggrieved person has filed a complaint under
Sec. 268.205 or Sec. 268.305 of this part alleging age discrimination,
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
Board has not issued a final decision and the complainant has not filed
a request for review by the Commission, or 180 days after the filing of
a class complaint if the Board has not issued a final decision;
(2) After the issuance of a final decision under Sec. 268.209 of
this part on an individual or class complaint if the individual has not
filed a request for review with the Commission; or
(3) After the issuance of a final decision under Sec. 268.209(a)(8)
following an EEOC decision under Sec. 268.405 of this part, or 180 days
after the filing of a request for review under subpart D of this part
if the Commission has not issued an EEOC decision.
Sec. 268.302 Equal Pay Act.
(a) Any employee who believes he or she has received unequal pay
due to discrimination based on sex may seek recovery of withheld wages
by filing a complaint of discrimination under subpart B of this part,
if a complaint of individual discrimination, or under Sec. 268.305 of
this part if a class action, except that civil actions shall be filed
pursuant to paragraph (b) of this section.
(b) A complainant, agent of the class or individual class claimant
under this section may file a civil action against the Board pursuant
to Sec. 268.506 of this part in a United States District Court should
the complainant, agent of the class or individual class claimant
believe he or she has been denied equal pay.
(c) The Board shall preserve any records that are made in the
regular course of business which relate to the payment of wages, wage
rates, job evaluations, job descriptions, merit systems, seniority
systems, description of practices, or other matters which describe or
explain the basis for payment of any wage differential to employees of
the opposite sex, and which may be pertinent to the determination of
whether such differential is based on a factor other than sex. Such
records are to be kept for at least 3 years.
(d) Wages withheld in violation of Sec. 268.202(c) of this part
have the status of unpaid minimum wage or unpaid overtime compensation.
Sec. 268.303 Rehabilitation Act.
(a) General policy. The Board shall give full consideration to the
hiring, placement and advancement of qualified individuals with a
disability who are physically or mentally disabled. The Board shall be
a model employer of individuals with a disability. The Board shall not
discriminate against individuals with a disability who are physically
or mentally disabled.
(b) Reasonable accommodation. (1) The Board shall make reasonable
accommodation to the known physical or mental limitations of an
employee or applicant for employment who is a qualified individual with
a disability unless the Board can demonstrate that the accommodation
would impose an undue hardship on its operations.
(2) Reasonable accommodation may include, but shall not be limited
to:
(i) Making facilities readily accessible to and usable by
individuals with a disability; 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 (b)(1) of this
section, an accommodation would impose an undue hardship on the
operation of the Board, factors to be considered include:
(i) The overall size of the Board's operations with respect to the
number of employees, number and type of facilities and size of budget;
(ii) The type of Board operation, including the composition and
structure of the Board's work force; and
(iii) The nature and the cost of the accommodation.
(c) Employment criteria. (1) The Board shall not make use of any
employment test or other selection criterion that screens out or tends
to screen out qualified individuals with a disability or any class of
individuals with a disability unless:
(i) The test score or other selection criterion is job-related for
the position in question and consistent with business necessity; and
(ii) There are no available alterative job-related tests that do
not screen out or tend to screen out as many individuals with a
disability.
(2) The Board shall select and administer tests concerning
employment so as to insure that, when administered to an employee or
applicant for employment who has a disability that impairs sensory,
manual, or speaking skills, the test results accurately reflect the
employee's or applicant's ability to perform the position or type of
position in question rather than reflecting the employee's or
applicant's impaired sensory, manual, or speaking skill (except where
those skills are the factors that the test purports to measure).
(d) Pre-employment inquiries. (1) Except as provided in paragraphs
(d)(2) and (3) of this section, the Board shall not conduct a pre-
employment medical examination and shall not make pre-employment
inquiry of an applicant as to whether the applicant is an individual
with a disability or as to the nature or severity of a disability. The
Board may, however, make pre-employment 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.
(2) Nothing in this section shall prohibit the Board from
conditioning an offer of employment on the results of a medical
examination conducted prior to the employee's entrance on duty,
provided that:
(i) All entering employees are subjected to such an examination
regardless of disability or when the pre-employment 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
(ii) The results of such an examination are used only in accordance
with the requirements of this part.
(3) Nothing in this section shall be construed to prohibit the
gathering of pre-employment medical information for the purpose of
hiring individuals with a disability.
(4) To enable and evaluate affirmative action to hire, place or
advance individuals with a disability, the Board may invite employees
and applicants for employment to indicate whether and to what extent
they are disabled, if:
(i) The Board 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 Board states clearly that the information is being
requested on a voluntary basis, that refusal to provide it will not
subject the employee or applicant for employment to any adverse
treatment, and that it will be used only in accordance with this part.
(5) Information obtained in accordance with this section as to the
medical condition or history of the employee or applicant for
employment shall be kept confidential except that:
(i) Managers, selecting officials, and others involved in the
selection process or responsible for affirmative action may be informed
that the employee or applicant for employment is an individual with a
disability;
(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 a disability 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.
(e) Physical access to buildings. (1) The Board shall not
discriminate against employees or applicants for employment who are
qualified individuals with a disability due to the inaccessibility of
its facility.
(2) It shall be the policy of the Board to comply with the
provisions of the Rehabilitation Act, 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).
(f) Reassignment. When a nonprobationary employee becomes unable to
perform the essential functions of his or her position even with
reasonable accommodation due to a disability, the Board shall offer to
reassign the individual to a funded vacant position at the same grade
level, the essential functions of which the employee would be able to
perform with reasonable accommodation if necessary unless the
reassignment would impose an undue hardship on the operation of the
Board. In the absence of a position at the same grade level, an offer
of reassignment to a vacant position at the highest available grade
level below the employee's current grade level shall be made, but
availability of such a vacancy shall not affect the employee's
entitlement, if any, to disability retirement pursuant to any
retirement plan in which the employee is enrolled. If the Board has
already posted a notice or announcement seeking applications for a
specific vacant position at the time the Board has determined that the
nonprobationary employee is unable to perform the essential functions
of his or her position even with reasonable accommodation, then the
Board does not have an obligation under this section to offer to
reassign the individual to that position, but the Board shall consider
the individual on an equal basis with those who applied for the
position.
(g) Exclusion from definition of ``individual with a disability''--
(1) Illegal use of drugs. (i) The term ``individual with a disability''
shall not include an individual who is currently engaging in the
illegal use of drugs, when the Board 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 a disability who:
(A) 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;
(B) Is participating in a supervised rehabilitation program and is
no longer engaging in such use; or
(C) Is erroneously regarded as engaging in such use, but is not
engaging in such use.
(ii) Except that the Board may adopt and administer reasonable
policies or procedures, including but not limited to drug testing,
designed to ensure that an individual described in paragraphs (g)(1)(i)
(A) and (B) of this section is no longer engaging in the illegal use of
drugs.
(2) Alcoholism. The term ``individual with a disability'' does not
include an employee who is an alcoholic whose current use of alcohol
prevents the employee from performing the duties of his or her job, or
whose employment by reason of such current alcohol use, would
constitute a direct threat to the property or safety of others. In this
regard, alcoholics shall meet the same performance and conduct
standards to which all other Board employees must satisfy, even if an
unsatisfactory performance is related to the alcoholism of the
employee.
(3) Infectious and communicable diseases. If an individual with a
disability has one of the listed diseases as determined by the
Secretary of Health and Human Services under the Americans with
Disabilities Act (42 U.S.C. 12113(d)(1)) and works in or applies for a
position at the Board in food handling, the Board will seek reasonable
accommodation under paragraph (b) of this section to eliminate the risk
of transmitting the disease through the handling of food. If the
individual with a disability is a nonprobationary employee and a
reasonable accommodation cannot be made, the provisions contained in
paragraph (f) of this section shall apply.
Sec. 268.304 Employment of noncitizens.
(a) Definitions. The definitions contained in this paragraph (a)
shall apply only to this section.
(1) Intending citizen means a citizen or national of the United
States, or a noncitizen who:
(i) Is a protected individual as defined in 8 U.S.C. 1324b(a)(3);
and
(ii) Has evidenced an intention to become a United States citizen.
(2) Noncitizen means any person who is not a citizen of the United
States.
(3) Sensitive information means:
(i) (A) Information that is classified for national security
purposes under Executive Order No. 10450 (3 CFR, 1949-1953 Comp., p.
936), including any amendments or superseding orders that the President
of the United States may issue from time to time;
(B) Information that consists of confidential supervisory
information of the Board, as defined in 12 CFR 261.2(b); or
(C) Information the disclosure or premature disclosure of which to
unauthorized persons may be reasonably likely to impair the formulation
or implementation of monetary policy, or cause unnecessary or
unwarranted disturbances in securities or other financial markets, such
that access to such information must be limited to persons who are
loyal to the United States.
(ii) For purposes of paragraph (a)(3)(i)(C) of this section,
information may not be deemed sensitive information merely because it
would be exempt from disclosure under the Freedom of Information Act (5
U.S.C. 552) but sensitive information must be information the
unauthorized disclosure or premature disclosure of which may be
reasonably likely to impair important functions or operations of the
Board.
(4) Sensitive position means any position of employment in which
the employee will be required to have access to sensitive information.
(b) Prohibitions--(1) Unauthorized aliens. The Board shall not hire
any person unless that person is able to satisfy the requirements of
Section 101 of the Immigration Reform and Control Act of 1986.
(2) Employment in sensitive positions. The Board shall not hire any
person to a sensitive position unless such person is a citizen of the
United States or, if a noncitizen, is an intending citizen.
(3) Preference. Consistent with the Immigration Reform and Control
Act of 1986, and other applicable law, applicants for employment at the
Board who are citizens of the United States shall be preferred over
equally qualified applicants who are not United States citizens.
(c) Exception. The prohibition of paragraph (b)(2) of this section
does not apply to hiring for positions for which a security clearance
is required under Executive Order No. 10450, including any subsequent
amendments or superseding orders that the President of the United
States may issue from time to time, where the noncitizen either has or
can obtain the necessary security clearance. Any offer of employment
authorized by this paragraph (c) shall be contingent upon receipt of
the required security clearance in the manner prescribed by law.
(d) Applicability. This section applies to employment in all
positions at the Board and to employment by Federal Reserve Banks of
examiners who must be appointed, or selected and approved by the Board
pursuant to 12 U.S.C. 325, 326, 338, or 625.
Sec. 268.305 Class complaints.
(a) Pre-complaint processing. An employee or applicant for
employment who wishes to file a class complaint must seek counseling
and be counseled in accordance with the procedures under Sec. 268.204
of this part.
(b) Filing and presentation of a class complaint. (1) A class
complaint must be signed by the agent of the class or representative,
and must identify the personnel policy or practice adversely affecting
the class as well as the specific action or matter affecting the agent
of the class.
(2) The complaint must be filed with the Board not later than 15
calendar days after the agent of the class receives a notice from the
EEO Counselor of the right to file a class complaint.
(3) The complaint shall be processed promptly by the Board, and the
parties shall cooperate and shall proceed at all times without undue
delay.
(c) Acceptance or dismissal. (1) Within 30 days of the Board's
receipt of a class complaint, the Board shall designate a
representative who shall monitor the class complaint on behalf of the
Board and who shall be one of the individuals referenced in
Sec. 268.202(e)(3) of this part, and forward the class complaint, along
with a copy of the EEO Counselor's report and any other information
pertaining to timeliness or other relevant circumstances related to the
class complaint, to the Commission's Office of Federal Operations. The
Commission shall assign the class complaint to an administrative judge
or complaints examiner who shall, if required, have a proper security
clearance. The administrative judge may require the agent of the class
or the Board to submit additional information relevant to the
complaint.
(2) The administrative judge may recommend that the Board dismiss
the class complaint, or any portion, for any of the reasons listed in
Sec. 268.206 of this part, or because it does not meet the
prerequisites of a class complaint under Sec. 268.102(g) of this part.
(3) If an allegation of discrimination in the class complaint is
not included in the EEO Counselor's report, the administrative judge
shall afford the agent of the class 15 calendar days to state whether
the matter was discussed with the EEO Counselor and, if not, explain
why it was not discussed. If the explanation is not satisfactory, the
administrative judge shall recommend that the Board dismiss the
allegation under Sec. 268.206 of this part. If the explanation is
satisfactory, the administrative judge shall refer the allegation to
the Board for further counseling by an EEO Counselor with the agent of
the class. After counseling, the allegation shall be consolidated with
the class complaint.
(4) If an allegation of discrimination in the class complaint lacks
specificity and detail, the administrative judge shall afford the agent
of the class 15 calendar days to provide specific and detailed
information. The administrative judge shall recommend that the Board
dismiss the class complaint if the agent of the class 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 of the class how to
proceed on an individual or class basis concerning these allegations.
(5) The administrative judge shall recommend that the Board extend
the time limits for filing a class complaint and for consulting with an
EEO Counselor in accordance with the time limit extension provisions
contained in Secs. 268.204(a)(2) and 268.604 of this part.
(6) When appropriate, the administrative judge may recommend that a
class be divided into subclasses and that each subclass be treated as a
class, and the provisions of this section shall then be construed and
applied accordingly.
(7) The administrative judge's written recommendation to the Board
on whether to accept or dismiss a class complaint and the complaint
file shall be transmitted to the Board, and notification of that
transmittal shall be sent to the agent of the class. The administrative
judge's recommendation to accept or dismiss shall become the Board's
decision unless the Board accepts, rejects or modifies the recommended
decision within 30 days of the receipt of the recommended decision and
complaint file pursuant to Sec. 268.209 of this part. The Board shall
notify the agent of the class by certified mail, return receipt
requested, and the administrative judge of its decision to accept or
dismiss a class complaint. At the same time, the Board shall forward to
the agent of the class copies of the administrative judge's
recommendation and the complaint file. The dismissal of a class
complaint shall inform the agent of the class either that the class
complaint is being filed on that date as an individual complaint of
discrimination and will be processed under subpart B of this part, or
that the class complaint is also dismissed as an individual complaint
in accordance with Sec. 268.206 of this part. In addition, it shall
inform the agent of the class of the right to file a request for review
of the dismissal of the class complaint with the Commission pursuant to
Sec. 268.401 of this part, or to file a civil action. A copy of EEOC
Form 573, notice of Appeal/Petition, shall be attached to the Board's
decision to dismiss a class complaint pursuant to Sec. 268.209(b)(4) of
this part.
(d) Notification. (1) Within 15 calendar days of accepting a class
complaint, the Board 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 date of acceptance of the class complaint by the Board;
(ii) A description of the issues accepted as part of the class
complaint;
(iii) An explanation of the binding nature of the Board's
dismissal, final decision or resolution of the class complaint on class
members; and
(iv) The name, address and telephone number of the agent of the
class or, if represented, the representative.
(e) Obtaining evidence concerning the complaint. (1) Upon the
acceptance of a class complaint by the Board, the administrative judge
shall notify the agent of the class and the Board's representative of
the time period that will be allowed both parties to prepare their
case. This time period will include at least 60 days and may be
extended by the administrative judge upon the request of either party.
Both parties are entitled to reasonable development of evidence on
matters relevant to the issues raised in the class 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, privileged,
or that production would be unlawful.
(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 class complaint or any portion
be conducted.
(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.
(f) Opportunity for resolution of the class complaint. (1) The
administrative judge shall furnish the agent of the class and the
Board's representative a copy of all materials obtained concerning the
class complaint and provide opportunity for the agent of the class to
discuss the materials with the Board's representative and to attempt
resolution of the class complaint.
(2) The class complaint may be resolved by agreement of the Board
and the agent of the class at any time as long as the agreement is fair
and reasonable.
(3) If the class complaint is resolved, the terms of the resolution
shall be reduced to writing and signed by the agent of the class and
the Board.
(4) Notice of the agreement of resolution shall be given to all
class members in the same manner as notification of the acceptance of
the class complaint and shall state the relief, if any, to be granted
by the Board. An agreement of resolution shall bind all members of the
class. Within 30 days of the date of the notice of the agreement of
resolution, any member of the class may petition the Commission to
vacate the agreement of resolution because it benefits only the agent
of the class or is otherwise not fair and reasonable. Such a petition
will be processed in accordance with paragraph (c) of this section and
if the administrative judge finds that the agreement of resolution is
not fair and reasonable, he or she shall recommend that the agreement
of resolution be vacated and that the original agent of the class be
replaced by the petitioner or some other class member who is eligible
to be the agent of the class during further processing of the class
complaint. The Board may determine, with respect to the petition, that
the agreement of resolution is not fair and reasonable, which vacates
any agreement between the former agent of the class and the Board. The
Board's decision to vacate the agreement of resolution shall be
communicated to the former agent of the class and to the petitioner,
and shall inform them of their right to file a request for review with
the Commission under Sec. 268.401 of this part. A copy of EEOC Form
573, notice of Appeal/Petition, shall be attached to the Board's
decision pursuant to Sec. 268.209(b)(5) of this part.
(g) Hearing. On expiration of the period allowed for preparation of
the case, the administrative judge shall set a date for a hearing. The
hearing shall be conducted in accordance with Secs. 268.208(a) through
(f) of this part.
(h) Report of findings and recommendations. (1) The administrative
judge shall transmit to the Board a report of findings and
recommendations on the class complaint, including a recommended
decision, systemic relief for the class and any individual relief,
where appropriate, with regard to the personnel policy or practice that
gave rise to the class 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 Board of the date on
which the report of findings and recommendations was forwarded to the
Board.
(i) Board decision. (1) Within 60 days of receipt of the report of
findings and recommendations issued under Sec. 268.305(h) of this part,
the Board shall issue a final decision pursuant to Sec. 268.209 of this
part, which shall accept, reject, or modify the findings and
recommendations of the administrative judge.
(2) The final decision of the Board shall be in writing and shall
be transmitted to the agent of the class by certified mail, return
receipt requested, along with a copy of the report of findings and
recommendations of the administrative judge.
(3) When the Board's final decision is to reject or modify the
findings and recommendations of the administrative judge, the Board's
final decision shall contain specific reasons for the Board's final
decision.
(4) If the Board 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 of the
administrative judge shall become the Board's final decision. The Board
shall transmit the final decision to the agent of the class within 5
calendar days of the expiration of the 60-day period.
(5) The final decision of the Board shall require any relief
authorized by law and determined to be necessary or desirable to
resolve the issue of discrimination.
(6) The final decision of the Board shall, subject to subpart E of
this part, be binding on all members of the class and the Board.
(7) The final decision shall inform the class agent of the right to
seek review by the Commission, or to file a civil action, in accordance
with subpart E of this part, and of the applicable time limits.
(j) Notification of decision. The Board shall notify class members
of the Board's 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 Board
within 10 calendar days of the transmittal of the final decision to the
agent of the class.
(k) Relief for individual class members. (1) When the Board finds
class discrimination, the Board shall eliminate or modify the personnel
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 of the class in accordance with Sec. 268.501(e) of this part.
(2) When class-wide discrimination is not found, but it is found
that the agent of the class is a victim of discrimination, Sec. 268.501
of this part shall apply. The Board shall also, within 60 days of the
issuance of its final decision finding no class-wide discrimination,
issue the acknowledgement of receipt of an individual complaint as
required by Sec. 268.205(d) of this part and process in accordance with
the provisions of subpart B of this part, each individual complaint
that was subsumed into the class complaint.
(3) When class-wide discrimination is found in a final decision of
the Board, and a class member believes that he or she is entitled to
individual relief, the class member may file a written claim with the
Board's EEO Programs Director within 30 days of receipt of notification
by the Board of its final decision. The claim must include a specific,
detailed showing that the claimant is a class member who was affected
by a personnel action or matter resulting from the discriminatory
personnel policy or practice, and that this discriminatory action took
place within the period of time for which the Board found class-wide
discrimination in its final decision. The period of time for which the
Board finds class-wide discrimination shall begin not more than 45 days
prior to the initial contact by the agent of the class with the EEO
Counselor and shall end not later than the date when the Board
eliminates the personnel policy or practice found to be discriminatory
in the Board's final decision. The Board 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 a request for review with the Commission
or a civil action in accordance with subpart E of this part and the
applicable time limits. A copy of EEOC Form 573, notice of Appeal/
Petition, shall be attached to the Board's decision pursuant to
Sec. 268.209(b)(7) of this part.
Subpart D--Review by the Equal Employment Opportunity Commission
Sec. 268.401 Review by the Equal Employment Opportunity Commission.
(a) An individual complainant may file a request for review with
the Commission of a final decision issued by the Board under
Sec. 268.209 of this part, or a dismissal by the Board of all or a
portion of an individual complaint under Sec. 268.206 of this part.
(b) An agent of the class may file a request for review with the
Commission of a dismissal of all or a portion of a class complaint
rendered by the Board under Sec. 268.305(c) of this part, or a final
decision of the Board accepting or rejecting all or a portion of a
report of findings and recommendations of an administrative judge with
regard to a class complaint pursuant to Sec. 268.305(i) of this part. A
class member may file a request for review with the Commission of a
final decision by the Board on a claim for individual relief under a
class complaint pursuant to Sec. 268.305(k) of this part. Both an agent
of the class and a class member may file a request for review with the
Commission of a final decision of the Board on a petition pursuant to
Sec. 268.305(f)(4) of this part.
(c) A complainant, agent of the class or individual class claimant
may file a request for review with the Commission of the Board's
alleged noncompliance with a settlement agreement or final decision in
accordance with Sec. 268.504 of this part.
Sec. 268.402 Time limits for review by the Equal Employment
Opportunity Commission.
(a) Any dismissal of a complaint or a portion of a complaint, or
any final decision of the Board, as set forth in paragraphs (b)(1)
through (7) of Sec. 268.209 of this part, may be reviewed by the
Commission if a request for review is filed with the Commission within
30 days of the complainant's receipt of the dismissal or final
decision. In the case of class complaints, any final decision of the
Board received by an agent of the class, petitioner or any individual
class claimant may be reviewed by the Commission if a request for
review is filed with the Commission within 30 days of its receipt.
Where a complainant has notified the EEO Programs Director of alleged
noncompliance with a settlement agreement in accordance with
Sec. 268.504 of this part, the complainant may file a request for
review with the Commission within 35 days after notification to the EEO
Programs Director under Sec. 268.504(a) of this part of such
noncompliance, but the complainant must file a request for review
within 30 days of receipt of the Board'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 file a request for review shall be calculated from the
receipt of the notification required under Sec. 268.504(a) of this part
by the attorney. In all other instances, the time within which to file
a request for review with the Commission shall be calculated from the
receipt of the notification required under Sec. 268.504(a) of this part
by the complainant.
Sec. 268.403 How to seek review.
(a) The complainant must file a request for review with the
Commission by sending EEOC Form 573, notice of Appeal/Petition, to the
Director, Office of Federal Operations, Equal Employment Opportunity
Commission, P.O. Box 19848, Washington, DC 20036, or by personal
delivery or facsimile. The complainant should indicate what matters he
or she is requesting the Commission to review.
(b) The complainant shall furnish a copy of the request for review
to the Board's EEO Programs Director at the same time that he or she
files the request for review with the Commission. In or attached to the
request for review by the Commission, the complainant must certify the
date and method by which service was made on the Board.
(c) If a complainant does not file a request for review with the
Commission within the time limits of this subpart D, the request for
review shall be untimely and shall be dismissed by the Commission.
(d) Any statement or brief in support of the request for review
must be submitted to the Director, Office of Federal Operations, Equal
Employment Opportunity Commission, and to the Board within 30 days of
the filing of the request for review. Following receipt of the request
for review, and any brief in support of the request for review, the
Director, Office of Federal Operations, Equal Employment Opportunity
Commission, shall request the complaint file from the Board. The Board
shall submit the complaint file and any Board statement or brief in
opposition to the request for review to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, within 30 days of
receipt of the Commission's request for the complaint file. A copy of
the Board's statement or brief shall be served on the complainant at
the same time.
Sec. 268.404 Procedure on review.
(a) The Commission's 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 Board or other procedures.
(b) If the Commission's 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
submitted to the Commission to the other party.
Sec. 268.405 Decisions on review.
(a) The Commission's Office of Federal Operations shall issue a
written decision (the EEOC decision) setting forth its reasons for the
decision. The Commission shall dismiss requests for review in
accordance with Secs. 268.206, 268.403(c) and 268.507 of this part. The
EEOC decision shall be based on the preponderance of the evidence. If
the EEOC 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 EEOC
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 to the Board by certified mail, return receipt
requested.
(b) The EEOC decision issued under paragraph (a) of this section is
final, subject to paragraph (c) of this section, within the meaning of
Sec. 268.406(d) of this part unless:
(1) Either party files a timely request for reconsideration
pursuant to Sec. 268.406 of this part; or
(2) The Commission on its own motion reconsiders the case.
(c) The Board, within 30 days of receiving the EEOC decision, shall
issue final decision pursuant to Sec. 268.209 of this part based upon
the EEOC decision.
Sec. 268.406 Reconsideration.
(a) Within a reasonable period of time, the Commission may, in its
discretion, reconsider an EEOC decision issued under Sec. 268.405(a) of
this part, notwithstanding any other provisions of this part.
(b) A party may request reconsideration of an EEOC decision issued
under Sec. 268.405(a) of this part provided that such request is made
within 30 days of receipt of an EEOC decision or within 20 days of
receipt of another party's timely request for reconsideration. Such
request, along with any supporting statement or brief, shall be
submitted to the Commission's Office of Review and Appeals, and to all
parties with proof of such submission. All other parties shall have 20
days from the date of service in which to submit to all other parties,
with proof of submission, any statement or brief in opposition to the
request.
(c) The request for reconsideration or the statement or brief in
support of the request shall contain arguments or evidence which tend
to establish that:
(1) New and material evidence is available that was not readily
available when the EEOC decision was issued;
(2) The EEOC decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy;
or
(3) The EEOC decision is of such exceptional nature as to have
substantial precedential implications.
(d) A decision on a request for reconsideration by either party is
final and there shall be no further right by either party to request
reconsideration of an EEOC decision.
Subpart E--Remedies, Enforcement and Civil Actions
Sec. 268.501 Remedies and relief.
(a) General procedures. When the Board finds discrimination when
issuing its final decision pursuant to Sec. 268.209 of this part, the
Board shall consider the following elements in providing full relief to
complainants:
(1) Notification to all employees of the Board 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 law and
this part similar to those found unlawful 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 Board shall cease from engaging in the
specific unlawful employment practice found in the case.
(b) Relief for an applicant. (1) (i) When it is determined in a
final decision that an applicant for employment has been discriminated
against, the Board shall offer the applicant for employment the
position that the applicant for employment would have occupied absent
discrimination or, if justified by the circumstances, a substantially
equivalent position unless clear and convincing evidence indicates that
the applicant for employment would not have been selected even absent
the discrimination. The offer to the applicant for employment shall be
made in writing. The applicant for employment 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 applicant for employment 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 for employment would have been hired. Back pay,
computed in the manner prescribed in 5 CFR 550.805 shall be awarded
from the date the applicant for employment would have entered on duty
until the date the applicant for employment 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. An applicant for employment shall be deemed to have
performed service at the Board during such period for all purposes
except for meeting service requirements for completion of a required
probationary period.
(iii) If the offer of employment is declined, the Board shall award
the applicant for employment a sum equal to the back pay he or she
would have received, computed in the manner prescribed in 5 CFR 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 Board shall inform the applicant for employment, in
its offer of employment, of the right to this award in the event the
offer of employment is declined.
(2) When it is determined in a final decision that discrimination
existed at the time the applicant for employment was considered for
employment but also by clear and convincing evidence that the applicant
would not have been hired even absent discrimination, the Board 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 for employment.
(c) Relief for an employee. When it is determined in a final
decision that an employee of the Board was discriminated against, the
Board 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 in 5 CFR 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 the two years prior to the date the
discrimination complaint was filed;
(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
Board 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 Board's records of any adverse materials
relating to the discriminatory practice; and
(5) Full opportunity to participate in the employee benefit denied
(e.g., training, preferential work assignments, overtime scheduling).
(d) Mitigation of damages. The Board shall not decline to grant
relief based upon failure to mitigate damages unless it has clear and
convincing evidence that the employee or applicant for employment has
failed to mitigate damages. The Board shall have 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 (e) 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 notice of
final action or a decision, the employee or applicant for employment
may be awarded reasonable attorney's fees or costs (including expert
witness fees) incurred in the processing of the complaint. In this
regard:
(i) A finding of discrimination raises a presumption of entitlement
to an award of attorney's fees;
(ii) 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; and
(iii) Attorney's fees shall be paid only for services performed
after the filing of a written complaint and after the complainant has
notified the Board that he or she is represented by an attorney, except
that fees 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. Written submissions to the
Board that are signed by the representative shall be deemed to
constitute notice of representation.
(2) Amount of awards. (i) When the attorney's fees or costs are
awarded, the complainant's attorney shall submit a verified statement
of costs and attorney's fees (including expert witness fees), as
appropriate, to the Board within 30 days of receipt of the final
decision, unless a request for review or reconsideration is filed. A
statement of attorney's fees shall be accompanied by an affidavit
executed by the attorney of record itemizing the attorney's charges for
legal services and both the verified statement and the accompanying
affidavit shall be made a part of the complaint file. The amount of
attorney's fees or costs to be awarded the complainant shall be
determined by agreement among the complainant, the complainant's
representative and the Board. Such agreement shall immediately be
reduced to writing.
(ii) (A) If the complainant, the complainant's representative and
the Board cannot reach an agreement on the amount of attorney's fees or
costs within 20 days of the Board's receipt of the verified statement
and accompanying affidavit, the Board shall issue a decision
determining the amount of attorney's fees or costs due within 30 days
of receipt of the statement and affidavit. The decision of the Board
shall include the specific reasons for determining the amount of the
award. The complainant or the complainant's representative may file a
request for review with the Commission of the Board's decision, and the
Board's notice to the complainant and his or her representative shall
include EEOC Form 573, notice of Appeal/Petition.
(B) The amount of attorney's fees shall be calculated in accordance
with existing case law using the following standards: The starting
point shall be the number of hours reasonably expended multiplied by a
reasonable hourly rate. This amount may be reduced or increased in
consideration of the following factors, although ordinarily many of
these factors are subsumed within the calculation set forth in this
paragraph (e)(2)(ii)(B): The time and labor required, the novelty and
difficulty of the questions, the skill requisite to perform the legal
service properly, the attorney's preclusion from other employment due
to acceptance of the case, the customary fee, whether the fee is fixed
or contingent, time limitations imposed by the client or the
circumstances, the amount involved and the results obtained, the
experience, reputation, and ability of the attorney, the undesirability
of the case, the nature and length of the professional relationship
with the client, and the awards in similar cases. Only in cases of
exceptional success should any of these factors be used to enhance an
award computed by the formula set forth in this paragraph
(e)(2)(ii)(B).
(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.
Sec. 268.502 Compliance with EEOC decisions.
(a) The relief ordered in an EEOC decision, if accepted pursuant to
Sec. 268.209 of this part as a final decision, or not acted upon by the
Board within the time periods of Sec. 268.209 of this part, shall be
binding upon the Board. Failure to implement its final decision, or the
EEOC decision in such circumstances, shall be grounds for the
complainant to file a civil action under Secs. 268.505 and 268.506 of
this part.
(b) Notwithstanding paragraph (a) of this section, when the Board
requests reconsideration, when the case involves an employee's removal,
separation, or suspension continuing beyond the date of the request for
reconsideration, and when the EEOC decision recommends retroactive
restoration, the Board shall comply with the EEOC decision only to the
extent of the temporary or conditional restoration of the employee to
duty status in the position recommended by the Commission, pending the
outcome of the Board's 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, or eligibility for a
within-grade increase, if the EEOC decision is upheld.
(2) The Board 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.
(c) Relief shall be provided in full no later than 60 days after
all administrative proceedings have ended.
Sec. 268.503 Enforcement of EEOC decisions.
(a) Petition for enforcement. As set forth in this section, a
complainant may petition the Commission for enforcement of an EEOC
decision issued under the review process of this part. The petition
shall be submitted to the Office of Federal Operations, Equal
Employment Opportunity Commission. The petition shall specifically set
forth the reasons that lead the complainant to believe that the Board
is not complying with the EEOC decision.
(b) Compliance. The Commission's Office of Federal Operations may
take appropriate action to ascertain whether the Board should have
adopted the EEOC decision pursuant to Sec. 268.209 of this part. If the
Commission determines that the Board has failed to comply with the EEOC
decision in full, the Commission may undertake the efforts set forth in
paragraphs (c) and (d) of this section to obtain compliance by the
Board.
(c) Clarification. The Commission's Office of Federal Operations
may, on its own motion or in response to the petition for enforcement
or in connection with a timely request for reconsideration, issue a
clarification of an EEOC decision. A clarification may not change the
result of a prior EEOC decision or enlarge or diminish the relief
contained in the EEOC decision, but it may further explain the meaning
or intent of the EEOC decision. The Commission may also send a notice
to the Board seeking an explanation why the Board failed to adopt the
EEOC decision as its final decision under Sec. 268.209 of this part,
and the Board shall respond to such request within 30 days of receipt
of the notice addressing the issue raised by the Commission.
(d) Notification to complainant of completion of administrative
efforts. Where the Commission has determined that the Board has failed
to adopt the EEOC decision as its final decision, the Commission may
notify the complainant who has petitioned the Commission under
paragraph (a) of this section of his or her right to file a civil
action under Sec. 268.505 of this part for failure of the Board to
adopt the EEOC decision as its final decision.
Sec. 268.504 Compliance with settlement agreements and final
decisions.
(a) Any settlement agreement knowingly and voluntarily agreed to by
the Board and a complainant, reached at any stage of the complaint
process, shall be binding on both parties. A final decision of the
Board that has not been the subject of review by the Commission, or in
a civil action, shall nonetheless be binding on the Board. If the
complainant believes that the Board has failed to comply with the terms
of a settlement agreement or a final decision, the complainant shall
notify the EEO Programs 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 Board implement the terms of the settlement agreement or final
decision or alteratively, that the complaint be reinstated for further
processing from the point processing ceased.
(b) The Board shall attempt to resolve the matter brought to the
Board's attention by the complainant in paragraph (a) of this section,
and respond to the complainant, in writing. If the Board has not
responded to the complainant, in writing, or if the complainant is not
satisfied with the Board's attempt to resolve the matter, the
complainant may request the Commission to review whether the Board has
complied with the terms of the settlement agreement or the final
decision. The complainant may file such request for review 35 days
after he or she has served the Board with the notice of allegations of
noncompliance, but must file the request for review with the Commission
within 30 days of his or her receipt of a Board's determination. The
complainant must serve a copy of the request for review on the Board
and the Board may submit a response to the Commission within 30 days of
receiving notice of request for review.
(c) Prior to rendering its determination, the Commission may
request that the parties submit whatever additional information or
documentation they deem necessary, or it may direct that an
investigation or hearing on the matter be conducted. If the Commission
determines that the Board is not in compliance and the noncompliance is
not attributable to acts or conduct of the complainant, 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 Secs. 268.205 or 268.305 of this part, as appropriate,
rather than under this section.
Sec. 268.505 Civil action: Title VII, Age Discrimination in Employment
Act and Rehabilitation Act.
A complainant who has filed an individual complaint, an agent of
the class who has filed a class complaint or a claimant who has filed a
claim for individual relief pursuant to a class complaint may file a
civil action in an appropriate United States District Court alleging
violations of Title VII, the ADEA or the Rehabilitation Act:
(a) Within 90 days of receipt of the Board's final decision on an
individual or class complaint, whether or not a request for review has
been filed with the Commission;
(b) After 180 days from the date of filing an individual or class
complaint if a request for review by the Commission has not been filed
and a final decision of the Board has not been issued;
(c) Within 90 days of receipt of an EEOC decision; or
(d) After 180 days from the date of filing a request for review
with the Commission if an EEOC decision has not been issued by the
Commission.
Sec. 268.506 Civil action: Equal Pay Act.
A complainant may file a civil action under section 16(b) of the
Fair Labor Standards Act (29 U.S.C. 216(b)) 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 (29 U.S.C. 225). Recovery of back wages under the Equal Pay
Act 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
request for review with the Commission under this part shall not toll
the time for filing a civil action.
Sec. 268.507 Effect of filing a civil action.
Filing a civil action under Secs. 268.505 or 268.506 of this part
shall terminate the Commission's processing of any request for review.
If a private suit is filed subsequent to the filing of a request for
review, the parties shall notify the Commission of such filing in
writing.
Subpart F--Matters of General Applicability
Sec. 268.601 EEO group statistics.
(a) The Board shall collect and maintain accurate employment
information on the race, national origin, sex and disabilities 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 Board shall advise the employee
of the importance of the data and of the Board's obligation to report
it. If the employee still refuses to provide the information, the Board
shall make a visual identification and inform the employee of the data
it will be reporting. If the Board believes that information provided
by an employee is inaccurate, the Board shall advise the employee that
the purpose for which the data is being collected is solely
statistical, of the need for accuracy, of the Board's recognition of
the sensitivity of the information, and of the existence of procedures
to prevent its unauthorized disclosure. If, thereafter, the employee
declines to change the apparently inaccurate self identification, the
Board shall accept it.
(c) Subject to applicable law, the information collected under
paragraph (b) of this section shall be disclosed only in the form of
gross statistics. The Board will not collect or maintain any
information on the race, national origin, or sex of individual
employees except in accordance with applicable law and 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 the employee's
personnel record.
(d) The Board's system shall incorporate the following controls:
(1) Only those categories of race and national origin approved by
the Commission shall be used; and
(2) Only the specific procedures for the collection and maintenance
of data that are prescribed or approved by the Commission shall be
used.
(e) The Board shall use the data only in studies and analyses that
contribute affirmatively to achieving the objectives of the Board's
equal employment opportunity program. The Board shall not establish
quotas for the employment of persons on the basis of race, color,
religion, sex, or national origin.
(f) Data on disabilities shall also be collected by voluntary self-
identification. If an employee does not voluntarily provide the
requested information, the Board shall advise the employee of the
importance of the data and of the Board's obligation to report it. If
an employee who has been appointed pursuant to the Board's affirmative
action program for hiring individuals with a disability still refuses
to provide the requested information, the Board shall identify the
employee's disability based upon the records supporting the
appointment. If any other employee still refuses to provide the
requested information or provides information that the Board believes
to be inaccurate, the Board shall report the employee's disability
status as unknown.
(g) The Board shall report to the Commission on employment by race,
national origin, sex and disability in the form and at such times as
the Board and Commission shall agree.
Sec. 268.602 Reports to the Equal Employment Opportunity Commission.
(a) The Board 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
Board and Commission shall agree.
(b) The Board shall advise the Commission whenever it is served
with a federal court complaint based upon a complaint that is pending
review at the Commission.
(c) The Board shall prepare annually equal employment opportunity
plans of actions, in the form requested by the Commission, and shall
submit such plans for review and advice by the Commission. The plans of
action shall include:
(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 Board's
equal employment opportunity program; and
(3) Description of the allocation of personnel and resources
proposed by the Board to carry out its equal employment opportunity
program.
Sec. 268.603 Voluntary settlement attempts.
The Board shall make reasonable efforts to settle, voluntarily,
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 reduced to
writing and shall be signed by both parties and shall identify the
allegations resolved.
Sec. 268.604 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 filed if it is delivered in
person, or sent via U.S. mail and postmarked before the expiration of
the applicable filing period; or, in the absence of a legible postmark,
if it is received via U.S. 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 began 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.
Sec. 268.605 Representation and official time.
(a) At any stage in the processing of a complaint, including the
counseling stage under Sec. 268.204 of this part, 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 Board, he or she shall
have a reasonable amount of official time, if otherwise on duty, to
prepare the complaint and to respond to Board and Commission requests
for information. If the complainant is an employee of the Board and he
or she designates another employee of the Board 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 Board and Commission requests for information. The Board 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 the representative, if employed by the Board and
otherwise in a pay status, shall be on official time, regardless of
their tours of duty, when their presence is authorized or required by
the Board or the Commission during the investigation, informal
adjustment, or hearing on the complaint.
(c) In cases where the representation of a complainant or the Board
would conflict with the official or collateral duties of the
representative, the Board may, after giving the representative an
opportunity to respond, disqualify the representative.
(d) Unless the complainant states otherwise in writing, after the
Board has received written notice of the name, address and telephone
number of a representative, all official correspondence shall be with
the representative with copies to the complainant. When the complainant
designates an attorney as representative, service of documents and
decisions on the complaint shall be made on the attorney and not on the
complainant, and time frames for receipt of materials by the
complainant shall be computed from the time of receipt by the attorney.
The complainant must serve all official correspondence on the
designated representative of the Board.
(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 Board employees shall be in a duty status
when their presence is authorized or required in connection with a
complaint.
Sec. 268.606 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, or two or more complaints of
discrimination from the same complainant, may be consolidated by the
Board for joint processing after appropriate notification to the
parties. The date of the first filed complaint controls the applicable
time frames under subpart B of this part.
Subpart G--Prohibition Against Discrimination In Board Programs and
Activities Because of a Physical or Mental Disability
Sec. 268.701 Purpose and application.
(a) Purpose. The purpose of this subpart G is to prohibit
discrimination on the basis of a disability in programs or activities
conducted by the Board.
(b) Application. (1) This subpart G applies to all programs and
activities conducted by the Board. Such programs and activities
include:
(i) Holding open meetings of the Board or other meetings or public
hearings at the Board's office in Washington, DC;
(ii) Responding to inquiries, filing complaints, or applying for
employment at the Board's office;
(iii) Making available the Board's library facilities; and
(iv) Any other lawful interaction with the Board or its staff in
any official matter with people who are not employees of the Board.
(2) This subpart G does not apply to Federal Reserve Banks or to
financial institutions or other companies supervised or regulated by
the Board.
Sec. 268.702 Notice.
The Board shall make available to employees, applicants for
employment, participants, beneficiaries, and other interested persons
information regarding the provisions of this subpart G and its
applicability to the programs and activities conducted by the Board,
and make this information available to them in such manner as the Board
finds necessary to apprise such persons of the protections against
discrimination assured them by this subpart G.
Sec. 268.703 Prohibition against discrimination.
(a) No qualified individual with a disability shall, on the basis
of a disability, be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination in any program
or activity conducted by the Board.
(b)(1) The Board, in providing any aid, benefit, or service, may
not, directly or through contractual, licensing, or other arrangements,
on the basis of a disability:
(i) Deny a qualified individual with a disability the opportunity
to participate in or benefit from the aid, benefit, or service that is
not equal to that provide to others;
(ii) Afford a qualified individual with a disability an opportunity
to participate in or benefit from the aid, benefit, or service that is
not equal to that afforded others;
(iii) Provide a qualified individual with a disability with an aid,
benefit, or service that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
individuals with a disability or to any class of individuals with a
disability than is provided to others unless such action is necessary
to provide qualified individuals with a disability with aid, benefits,
or services that are as effective as those provided to others;
(v) Deny a qualified individual with a disability the opportunity
to participate as a member of planning or advisory boards; or
(vi) Otherwise limit a qualified individual with a disability in
the enjoyment of any right, privilege, advantage, or opportunity
enjoyed by others receiving the aid, benefit, or service.
(2) The Board may not deny a qualified individual with a disability
the opportunity to participate in programs or activities that are not
separate or different, despite the existence of permissibly separate or
different programs or activities.
(3) The Board may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration, the
purpose or effect of which would:
(i) Subject qualified individuals with a disability to
discrimination on the basis of a disability; or
(ii) Defeat or substantially impair accomplishment of the
objectives of a program or activity with respect to individuals with a
disability.
(4) The Board may not, in determining the site or location of a
facility, make selections the purpose or effect of which would:
(i) Exclude individuals with a disability from, deny them the
benefits of, or otherwise subject them to discrimination under any
program or activity conducted by the Board; or
(ii) Defeat or substantially impair the accomplishment of the
objectives or a program or activity with respect to individuals with a
disability.
(5) The Board, in the selection of procurement contractors, may not
use criteria that subject qualified individuals with a disability to
discrimination on the basis of a disability.
(6) The Board may not administer a licensing or certification
program in a manner that subjects qualified individuals with a
disability to discrimination on the basis of a disability, nor may the
Board establish requirements for the programs and activities of
licensees or certified entities that subject qualified individuals with
a disability to discrimination on the basis of a disability. However,
the programs and activities of entities that are licensed or certified
by the Board are not, themselves, covered by this subpart G.
(c) The exclusion of individuals who do not have a disability from
the benefits of a program limited by Federal statute or Board order to
individuals with a disability or the exclusion of a specific class of
individuals with a disability from a program limited by Federal statute
or Board order to a different class of individuals with a disability is
not prohibited by this subpart G.
(d) The Board shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified individuals
with a disability.
Sec. 268.704 Employment.
No qualified individual with a disability shall, on the basis of a
disability, be subjected to discrimination in employment under any
program or activity conducted by the Board. The requirements and
procedures of Sec. 268.303 of this part shall apply to discrimination
in employment under this subpart G.
Sec. 268.705 Program accessibility: Discrimination prohibited.
Except as otherwise provided in Sec. 268.706 of this part, no
qualified individual with a disability shall, because the Board's
facilities are inaccessible to or unusable by individuals with a
disability, be denied the benefits of, be excluded from participation
in, or otherwise be subjected to discrimination under any program or
activity conducted by the Board.
Sec. 268.706 Program accessibility: Existing facilities.
(a) General. The Board shall operate each program or activity so
that the program or activity, when viewed in its entirety, is readily
accessible to and usable by individuals with a disability. This
paragraph (a) does not:
(1) Necessarily require the Board to make each of its existing
facilities accessible to and usable by individuals with a disability;
or
(2) Require the Board to take any action that it can determine,
based on a written record, would result in a fundamental alteration in
the nature of a program or activity or in undue financial and
administrative burdens. In those circumstances where the Board believes
that the proposed action would fundamentally alter the program or
activity or would result in undue financial and administrative burdens,
the Board shall establish a written record showing that compliance with
this paragraph (a) would result in such alterations or burdens. The
decision that compliance would result in such alterations or burdens
shall be made by the Board of Governors or their designee after
considering all Board resources available for use in the funding and
operation of the conducted program or activity, and must be accompanied
by a written statement of the reasons for reaching that conclusion. If
an action would result in such an alteration or such burdens, the Board
shall take any other action that would not result in such an alteration
or such burdens but would nevertheless ensure that individuals with a
disability receive the benefits and services of the program or
activity.
(b) Methods. The Board may comply with the requirements of this
subpart G through such means as redesign of equipment, reassignment of
services to accessible buildings, assignment of aides to individuals
with a disability, home visits, delivery of service at alternate
accessible sites, alteration of existing facilities and construction of
new facilities, use of accessible rolling stock, or any other methods
that result in making its programs or activities readily accessible to
and usable by individuals with a disability. The Board is not required
to make structural changes in existing facilities where other methods
are effective in achieving compliance with this subpart G. In choosing
among available methods for meeting the requirements of this subpart G,
the Board gives priority to those methods that offer programs and
activities to qualified individuals with a disability in the most
integrated setting appropriate.
(c) Time period for compliance. The Board shall comply with any
obligations established under this subpart G as expeditiously as
possible.
Sec. 268.707 Program accessibility: New construction and alterations.
Each building or part of a building that is constructed or altered
by, on behalf of, or for the use of the Board, shall be designed,
constructed, or altered so as to be readily accessible to and usable by
individuals with a disability.
Sec. 268.708 Communications.
(a) The Board shall take appropriate steps to ensure effective
communication with applicants for employment, participants, personnel
of other Federal entities, and members of the public.
(1) The Board shall furnish appropriate auxiliary aids where
necessary to afford an individual with a disability an equal
opportunity to participate in, and enjoy the benefits of, a program or
activity conducted by the Board.
(i) In determining what type of auxiliary aid is necessary, the
Board shall give primary consideration to the requests of the
individual with a disability.
(ii) The Board need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature.
(2) Where the Board communicates with employees and others by
telephone, telecommunication devices for deaf persons (TDD's) or
equally effective telecommunication systems shall be used.
(b) The Board shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(c) The Board shall provide signs at a primary entrance to any
inaccessible facility, directing users to a location at which they can
obtain information about accessible facilities. The international
symbol for accessibility shall be used at each primary entrance of an
accessible facility.
(d) This subpart G does not require the Board to take any action
that would result in a fundamental alteration in the nature of a
program or activity or in undue financial and administrative burdens.
In those circumstances where the Board believes that the proposed
action would fundamentally alter the program or activity or would
result in undue financial and administrative burdens, the Board shall
establish a written record showing compliance with this subpart G would
result in such alterations or burdens. The determination that
compliance would result in such alterations or burdens shall be made by
the Board of Governors or their designee after considering all Board
resources available for use in the funding and operation of the
conducted program or activity, and must be accompanied by a written
statement of the reasons for reaching that conclusion. If an action
required to comply with this subpart G would result in such an
alteration or such burdens, the Board shall take any other action that
would not result in such an alteration or such burdens but would
nevertheless ensure that, to the maximum extent possible, individuals
with a disability receive the benefits and services of the program or
activity.
Sec. 268.709 Compliance procedures.
(a) Applicability. Notwithstanding any other provision of this
part, this section, except as provided in paragraph (b) of this
section, rather than subpart B and Sec. 268.305 of this part, shall
apply to all allegations of discrimination on the basis of a disability
in programs or activities conducted by the Board.
(b) Employment complaints. The Board shall process complaints
alleging discrimination in employment on the basis of a disability in
accordance with subpart B and Sec. 268.305 of this part.
(c) Responsible official. The EEO Programs Director shall be
responsible for coordinating implementation of this section.
(d) Filing the complaint--(1) Who may file. Any person who believes
that he or she has been subjected to discrimination prohibited by this
subpart G may, personally or by his or her authorized representative,
file a complaint of discrimination with the EEO Programs Director.
(2) Confidentiality. The EEO Programs Director shall not reveal the
identity of any person submitting a complaint, except when authorized
to do so in writing by the complainant, and except to the extent
necessary to carry out the purposes of this subpart G, including the
conduct of any investigation, hearing, or proceeding under this subpart
G.
(3) When to file. Complaints shall be filed within 180 days of the
alleged act of discrimination. The EEO Programs Director may extend
this time limit for good cause shown. For the purpose of determining
when a complaint is timely filed under this paragraph (d), a complaint
mailed to the Board shall be deemed filed on the date it is postmarked.
Any other complaint shall be deemed filed on the date it is received by
the Board.
(4) How to file. Complaints may be delivered or mailed to the
Administrative Governor, the Staff Director for Management, the EEO
Programs Director, the Federal Women's Program Manager, the Hispanic
Program Coordinator, or the Disabled Persons Program Coordinator.
Complaints should be sent to the EEO Programs Director, Board of
Governors of the Federal Reserve System, 20th and C Street NW.,
Washington, DC 20551. If any Board official other than the EEO Programs
Director receives a complaint, he or she shall forward the complaint to
the EEO Programs Director.
(e) Acceptance of complaint. (1) The EEO Programs Director shall
accept a complete complaint that is filed in accordance with paragraph
(d) of this section and over which the Board has jurisdiction. The EEO
Programs Director shall notify the complainant of receipt and
acceptance of the complaint.
(2) If the EEO Programs Director receives a complaint that is not
complete, he or she shall notify the complainant, within 30 days of
receipt of the incomplete complaint, that additional information is
needed. If the complainant fails to complete the complaint within 30
days of receipt of this notice, the EEO Programs Director shall dismiss
the complaint without prejudice.
(3) If the EEO Programs Director receives a complaint over which
the Board does not have jurisdiction, the EEO Programs Director shall
notify the complainant and shall make reasonable efforts to refer the
complaint to the appropriate government entity.
(f) lnvestigation/conciliation. (1) Within 180 days of the receipt
of a complete complaint, the EEO Programs Director shall complete the
investigation of the complaint, attempt informal resolution of the
complaint, and if no informal resolution is achieved, the EEO Programs
Director shall forward the investigative report to the Staff Director
for Management.
(2) The EEO Programs Director may request Board employees to
cooperate in the investigation and attempted resolution of complaints.
Employees who are requested by the EEO Programs Director to participate
in any investigation under this section shall do so as part of their
official duties and during the course of regular duty hours.
(3) The EEO Programs Director shall furnish the complainant with a
copy of the investigative report promptly after completion of the
investigation and provide the complainant with an opportunity for
informal resolution of the complaint.
(4) If a complaint is resolved informally, the terms of the
agreement shall be reduced to writing and made a part of the complaint
file, with a copy of the agreement provided to the complainant. The
written agreement may include a finding on the issue of discrimination
and shall describe any corrective action to which the complainant has
agreed.
(g) Letter of findings. (1) If an informal resolution of the
complaint is not reached, the EEO Programs Director shall transmit the
complaint file to the Staff Director for Management. The Staff Director
for Management shall, within 180 days of the receipt of the complete
complaint by the EEO Programs Director, notify the complainant of the
results of the investigation in a letter sent by certified mail, return
receipt requested, containing:
(i) Findings of fact and conclusions of law;
(ii) A description of a remedy for each violation found;
(iii) A notice of right of the complainant to appeal the letter of
findings under paragraph (k) of this section; and
(iv) A notice of right of the complainant to request a hearing.
(2) If the complainant does not file a notice of appeal or does not
request a hearing within the times prescribed in paragraph (h)(1) and
(j)(1) of this section, the EEO Programs Director shall certify that
the letter of findings under this paragraph (g) is the final decision
of the Board at the expiration of those times.
(h) Filing an appeal. (1) Notice of appeal, with or without a
request for hearing, shall be filed by the complainant with the EEO
Programs Director within 30 days of receipt from the Staff Director for
Management of the letter of findings required by paragraph (g) of this
section.
(2) If the complainant does not request a hearing, the EEO Programs
Director shall notify the Board of Governors of the appeal by the
complainant and that a decision must be made under paragraph (k) of
this section.
(i) Acceptance of appeal. The EEO Programs Director shall accept
and process any timely appeal. A complainant may appeal to the
Administrative Governor from a decision by the EEO Programs Director
that an appeal is untimely. This appeal shall be filed within 15
calendar days of receipt of the decision from the EEO Programs
Director.
(j) Hearing. (1) Notice of a request for a hearing, with or without
a request for an appeal, shall be filed by the complainant with the EEO
Programs Director within 30 days of receipt from the Staff Director for
Management of the letter of findings required by paragraph (g) of this
section. Upon a timely request for a hearing, the EEO Programs Director
shall request that the Board of Governors, or its designee, appoint an
administrative law judge to conduct the hearing. The administrative law
judge shall issue a notice to the complainant and the Board specifying
the date, time, and place of the scheduled hearing. The hearing shall
be commenced no earlier than 15 calendar days after the notice is
issued and no later than 60 days after the request for a hearing is
filed, unless all parties agree to a different date.
(2) The hearing, decision, and any administrative review thereof
shall be conducted in conformity with 5 U.S.C. 554-557. The
administrative law judge shall have the duty to conduct a fair hearing,
to take all necessary actions to avoid delay, and to maintain order. He
or she shall have all powers necessary to these ends, including (but
not limited to) the power to:
(i) Arrange and change the dates, times, and places of hearings and
prehearing conferences and to issue notice thereof;
(ii) Hold conferences to settle, simplify, or determine the issues
in a hearing, or to consider other matters that may aid in the
expeditious disposition of the hearing;
(iii) Require parties to state their positions in writing with
respect to the various issues in the hearing and to exchange such
statements with all other parties;
(iv) Examine witnesses and direct witnesses to testify;
(v) Receive, rule on, exclude, or limit evidence;
(vi) Rule on procedural items pending before him or her; and
(vii) Take any action permitted to the administrative law judge as
authorized by this subpart G or by the provisions of the Administrative
Procedure Act (5 U.S.C. 554-557).
(3) Technical rules of evidence shall not apply to hearings
conducted pursuant to this paragraph (j), but rules or principles
designed to assure production of credible evidence and to subject
testimony to cross-examination shall be applied by the administrative
law judge wherever reasonably necessary. The administrative law judge
may exclude irrelevant, immaterial, or unduly repetitious evidence. All
documents and other evidence offered or taken for the record shall be
open to examination by the parties, and opportunity shall be given to
refute facts and arguments advanced on either side of the issues. A
transcript shall be made of the oral evidence except to the extent the
substance thereof is stipulated for the record. All decisions shall be
based upon the hearing record.
(4) The costs and expenses for the conduct of a hearing shall be
allocated as follows:
(i) Employees of the Board shall, upon the request of the
administrative law judge, be made available to participate in the
hearing and shall be on official duty status for this purpose. They
shall not receive witness fees.
(ii) Employees of other Federal agencies called to testify at a
hearing, at the request of the administrative law judge and with the
approval of the employing agency, shall be on official duty status
during any absence from normal duties caused by their testimony, and
shall not receive witness fees.
(iii) The fees and expenses of other persons called to testify at a
hearing shall be paid by the party requesting their appearance.
(iv) The administrative law judge may require the Board to pay
travel expenses necessary for the complainant to attend the hearing.
(v) The Board shall pay the required expenses and charges for the
administrative law judge and court reporter.
(vi) All other expenses shall be paid by the parties incurring
them.
(5) The administrative law judge shall submit in writing
recommended findings of fact, conclusions of law, and remedies to the
complainant and the EEO Programs Director within 30 days, after the
receipt of the hearing transcripts, or within 30 days after the
conclusion of the hearing if no transcripts are made. This time limit
may be extended with the permission of the EEO Programs Director.
(6) Within 15 calendar days after receipt of the recommended
decision of the administrative law judge, the complainant may file
exceptions to the recommended decision with the EEO Programs Director.
On behalf of the Board, the EEO Programs Director may, within 15
calendar days after receipt of the recommended decision of the
administrative law judge, take exception to the recommended decision of
the administrative law judge and shall notify the complainant in
writing of the Board's exception. Thereafter, the complainant shall
have 10 calendar days to file reply exceptions with the EEO Programs
Director. The EEO Programs Director shall retain copies of the
exceptions and replies to the Board's exception for consideration by
the Board. After the expiration of the time to reply, the recommended
decision shall be ripe for a decision under paragraph (k) of this
section.
(k) Decision. (1) The EEO Programs Director shall notify the Board
of Governors when a complaint is ripe for decision under this paragraph
(k). At the request of any member of the Board of Governors made within
3 business days of such notice, the Board of Governors shall make the
decision on the complaint. If no such request is made, the
Administrative Governor, or the Staff Director for Management if he or
she is delegated the authority to do so under Sec. 268.103(a)(2) of
this part, shall make the decision on the complaint. The decision shall
be made based on information in the investigative record and, if a
hearing is held, on the hearing record. The decision shall be made
within 60 days of the receipt by the EEO Programs Director of the
notice of appeal and investigative record pursuant to paragraph (h)(1)
of this section or 60 days following the end of the period for filing
reply exceptions set forth in paragraph (j)(6) of this section,
whichever is applicable. If the decision-maker under this paragraph (k)
determines that additional information is needed from any party, the
decision-maker shall request the information and provide the other
party or parties an opportunity to respond to that information. The
decision-maker shall have 60 days from receipt of the additional
information to render the decision on the appeal. The decision-maker
shall transmit the decision by letter to all parties. The decision
shall set forth the findings, any remedial actions required, and the
reasons for the decision. If the decision is based on a hearing record,
the decision-maker shall consider the recommended decision of the
administrative law judge and render a final decision based on the
entire record. The decision-maker may also remand the hearing record to
the administrative law judge for a fuller development of the record.
(2) The Board shall take any action required under the terms of the
decision promptly. The decision-maker may require periodic compliance
reports specifying:
(i) The manner in which compliance with the provisions of the
decision has been achieved;
(ii) The reasons any action required by the final Board decision
has not been taken; and
(iii) The steps being taken to ensure full compliance.
(3) The decision-maker may retain responsibility for resolving
disputes that arise between parties over interpretation of the final
Board decision, or for specific adjudicatory decisions arising out of
implementation.
By order of the Board of Governors of the Federal Reserve
System, March 30, 1994.
William W. Wiles,
Secretary of the Board.
[FR Doc. 94-8006 Filed 4-5-94; 8:45 am]
BILLING CODE 6210-01-P
