[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14226-14231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7331]
[[Page 14225]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 7
Equal Employment Opportunity, Policies and Procedures; Final Rule
Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Rules
and Regulations
[[Page 14226]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary; Equal Employment Opportunity; Policies
and Procedures
24 CFR Part 7
[Docket No. FR 3323-F-01]
RIN 2529-AA61
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule streamlines HUD's regulations in 24 CFR part 7
pertaining to equal opportunity policies and procedures, and updates
these regulations to reflect current practices. Additionally, this rule
makes HUD's equal employment complaint processing consistent with the
Equal Employment Opportunity Commission's (EEOC) regulations at 29 CFR
part 1614.
EFFECTIVE DATE: April 29, 1996.
FOR FURTHER INFORMATION CONTACT: Mari R. Barr, Director for Equal
Employment Opportunity, Office of Departmental Equal Employment
Opportunity, Room 4300 L'Enfant Plaza, (202) 708-3633, Housing and
Urban Development, 451 Seventh Street, SW., Washington, DC 20410. (This
telephone number is not toll-free.) For hearing- or speech-impaired
persons this number may be accessed via TDD by contacting the Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
This final rule streamlines and updates HUD's regulations in 24 CFR
part 7 pertaining to equal opportunity policies and procedures. With
the exception of two sections (Secs. 7.2, 7.3) these regulations have
not been amended since 1971. The rule is revised to reflect the new
organization of HUD's Equal Employment Opportunity (EEO) office.
Additionally, this rule revises the regulations to parallel EEOC's
regulations at 29 CFR part 1614, relating to Federal sector equal
employment. It will enable quicker, more efficient processing of
complaints and promotes impartial, fair and early resolution of
complaints.
The revisions are as follows:
Section 7.1 Policy
This section has been revised by the adding of age and disability
as additional bases of discrimination.
Section 7.2 Definition
The definition of a person with a disability, which means the same
as handicap under EEOC's regulations at 29 CFR part 1614, has been
added.
Section 7.3 Designation
This section replaces the Assistant Secretary for Fair Housing and
Equal Opportunity as the Director of Equal Employment Opportunity. The
Director of the Office of Departmental Equal Employment Opportunity is
designated the Director of Equal Employment Opportunity (EEO).
The Deputy Director of the Office of Departmental Equal Employment
Opportunity is designated as the Deputy Director of Equal Employment
Opportunity.
This section also states that Equal Employment Opportunity officers
shall be designated by the Director of EEO for their respective
organizational units.
Section 7.4 Affirmative Employment Programs
The final rule adds a new section which states that the Office of
the Secretary, the Assistant to the Deputy Secretary for Field
Management, each Assistant Secretary, the General Counsel, the
Inspector General, the President of Government National Mortgage
Association, the Chief Financial Officer, the Director of Lead-Based
Paint Abatement and Poisoning Prevention, and the Director, Office of
Federal Housing Enterprise Oversight shall establish, maintain and
carry out a plan of affirmative employment to promote equal employment
opportunity in every aspect of employment policy and practice. Each
plan shall identify instances of under-representation of minorities,
women and persons with disabilities, recognize situations or barriers
that impede equality of opportunity, and include objectives and action
items targeted to eliminate any employment, training, advancement, and
retention issues which adversely affect minorities, women and persons
with disabilities.
Section 7.10 Responsibilities of the Director and Deputy Director of
EEO
The function of selecting equal employment counselors has been
added to the functions of the Director and Deputy Director of EEO.
Equal employment counselors previously were designated by EEO
officers. The Director or the Deputy Director of EEO only concurred on
the designations.
Section 7.11 Responsibilities of EEO Officers.
Each EEO officer has the additional responsibilities of
(1) advising the Director of EEO on all matters pertaining to the
implementation of the Department's Equal Employment and Affirmative
Employment policies and programs in the respective organizational
units;
(2) Publicize to all employees of the organizational unit the name
and address of the Director of EEO, the EEO Officer, and the EEO
Counselor(s), the EEO Discrimination Complaint Manager, the Affirmative
Employment Program (AEP) Manager, the Diversity Program Manager, and
the EEO complaint procedures;
(3) Evaluate the performance by the managers and supervisors in the
organization unit in carrying out their responsibilities;
(4) Seek a resolution of EEO matters alleging discrimination within
their organization brought to their attention;
(5) Designate a high level Affirmative Employment Program (AEP)
Manager in Headquarters responsible for the preparation of the AEP
plan; the management of the plan; providing advice and guidance to
managers and supervisors in removing barriers to Equal Employment
Opportunity/Affirmative Employment (EEO/AE) and in implementing all
their EEO/AE responsibilities.
(6) Designate a senior level EEO Discrimination Complaint Manager
in Headquarters to manage and direct the organization's EEO
responsibilities;
(7) Designate a senior level Diversity Program Manager in
Headquarters to manage and direct the organization's Diversity Program
and provide resources for Diversity activities for its employees.
Section 7.12 Responsibilities of EEO Counselors
Age and disability discrimination have been added as additional
reasons for counseling by EEO counselors.
Section 7.13 Responsibilities of the Assistant Secretary for
Administration
This section was revised by adding three new responsibilities. They
are as follows:
(1) Prepare and implement plans for recruitment and reports in
accordance with the Federal Equal Opportunity Recruitment Program and
the Disabled Veterans Affirmative Action Program;
(2) Make 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
operation of the agency's program; and
(3) Designate a senior level Disability Program Manager to promote
EEO/AE
[[Page 14227]]
for persons with disabilities; to assure the accessibility of all HUD
facilities and programs; and to manage the resources for providing
reasonable accommodation.
Section 7.14 Responsibilities of Human Resources Officers
The title of Director of Personnel has been replaced with the new
title called Human Resources Officer. Certain responsibilities have
been given Human Resources Officers in addition to those of the former
Directors of Personnel. They are as follows:
(1) In coordination with the Director of the Training Academy,
develop an on-going training program for various levels of
administration and supervision, to insure understanding of the
Departmental EEO/AE programs, policy and requirements which fosters
effective teamwork and high morale, and provide communication with
employees on any matter related to equal employment opportunity;
(2) Decide all personnel actions on merit principles in a manner
which will demonstrative affirmative equal employment opportunity for
the organization;
(3) Ensure the greatest possible utilization and development of the
skills and potential ability of all employees;
(4) Track applicant flow and promptly take or recommend appropriate
action to overcome any impediment to the achievement of the objectives
of the EEO/AE programs; and
(5) Provide recognition to employees, supervisors, managers and
units demonstrating superior accomplishment in equal employment
opportunity.
Section 7.15 Responsibilities of the Assistant Regional Administrators
for Equal Opportunity
This title has been removed from the table of contents.
Section 7.16 Responsibilities of Supervisors.
This title has been removed from the table of contents.
Section 7.17 Responsibilities of Managers and Supervisors
This new section states that responsibilities of managers and
supervisors include the following:
(1) Removing barriers to EEO and ensuring that Affirmative
Employment objectives are accomplished in their areas of
responsibility;
(2) Evaluating subordinate managers and supervisors on their
performance of EEO/AE responsibilities;
(3) Encouraging and taking positive steps to ensure respect for and
acceptance of minorities, women and persons with disabilities, veterans
and other diverse characteristics in the work force;
(4) Providing for the non-discriminatory treatment of all employees
and for providing full and fair opportunity for all employees in
obtaining employment and career advancement, including support for
F.A.I.R., the Upward Mobility Program, the Mentoring Program and the
Individual Development Plan;
(5) Encouraging and authorizing staff participation in the various
Diversity Program observances;
(6) Being proactive in addressing EEO/AE issues, and for work
environments that encourage and support complaint avoidance through
sound management and personnel practices;
(7) Resolving complaints of discrimination early in the EEO process
either independently, or through the use of alternate dispute
resolution techniques, when it is the right thing to do and when it
represents a sound business decision; and
(8) Making reasonable accommodation to the religious and disability
needs of applicants and employees when those accommodations can be made
without undue hardship on the business of the agency.
Section 7.25 Precomplaint Processing
EEOC's regulations, 24 CFR part 1614.105, shall apply concerning
precomplaint processing.
Sections 7.30, 7.31, 7.32, 7.33 and 7.34--These sections have been
revised to provide more efficient measures of handling EEO complaints.
The following titles have been removed from the table of contents:
Sec. 7.35--Adjustment of complaints.
Sec. 7.36--Hearing.
Sec. 7.38--Avoidance of delay.
Sec. 7.40--Complaint file.
The following sections have been removed:
Sec. 7.45--Entitlement.
Sec. 7.46--Where to appeal.
Sec. 7.47--Time limit.
Sec. 7.48--Appellate procedures.
Sec. 7.49--Appellate review by the Commissioners.
Other Matters
Environmental Impact. The subject matter of this final rule is
categorically excluded from HUD's environmental clearance procedures
under 24 CFR 50.20(k). It relates to internal administrative procedures
whose content does not constitute a development decision or affect the
physical condition of project areas or building sites.
Impact on Small Entities. The Secretary, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)) has reviewed and approved
this rule, and in so doing certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule only streamlines and simplifies 24 CFR part 7.
Federalism. The General Counsel, as the Designated Official under
section 6(a) of Executive Order 12612, Federalism, has determined that
the policies contained in this rule will not have substantial direct
effects on states or their political subdivisions, or the relationship
between the federal government and the states, or on the distribution
of power and responsibilities among the various levels of government.
The rule's coverage is limited to federal employees.
Family. The General Counsel, as the Designated Official under
Executive Order 12606, The Family, has determined that this rule does
not have potential for significant impact on family formation,
maintenance, and general well-being, and, thus, is not subject to
review under the order. This final rule will make HUD's processing of
employment discrimination complaints more efficient.
Justification for Final Rulemaking. The Department has determined
that it is unnecessary to subject this rule to public comment. Since
this rule is limited to removing obsolete provisions and updating
provisions in part 7 to reflect current practices, prior public comment
was determined to be unnecessary. Section 10.1 of 24 CFR part 10 states
that notice and public procedure can be omitted if the Department
determines in a particular case or class of cases that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest.
List of Subjects in 24 CFR Part 7
Administrative practice and procedure, Equal employment
opportunity, Organization and functions (Government agencies).
Accordingly, 24 CFR part 7 is revised as follows:
[[Page 14228]]
PART 7--EQUAL EMPLOYMENT OPPORTUNITY; POLICY AND PROCEDURES
Subpart A--Equal Employment Opportunity Without Regard to Race, Color,
Religion, Sex, National Origin, Age, or Disability
General Provisions
Sec.
7.1 Policy.
7.2 Definitions.
7.3 Designations.
7.4 Affirmative employment programs.
Responsibilities
7.10 Responsibilities of the Director and Deputy Director of EEO.
7.11 Responsibilities of the EEO Officers.
7.12 Responsibilities of the EEO Counselors.
7.13 Responsibilities of the Assistant Secretary for
Administration.
7.14 Responsibilities of Human Resources Officers.
7.15 Responsibilities of managers and supervisors.
7.16 Responsibilities of employees.
Precomplaint Processing
7.25 Precomplaint processing.
Complaints
7.30 Presentation of complaint.
7.31 Who may file a complaint, with whom filed, and time limits.
7.32 Contents.
7.33 Acceptability.
7.34 Processing.
7.35 Hearing.
7.36 Decision by Director of EEO.
7.37 Rights of appeals.
7.38 Relationship to other HUD appellate procedures.
Subpart B--[Reserved]
Authority: 42 U.S.C. 3535(d); E.O. 11478, 3 CFR, 1969 Comp. p.
306; 42 U.S.C. 2000e note.
Subpart A--Equal Employment Opportunity Without Regard to Race,
Color, Religion, Sex, National Origin, Age, or Disability
General Provisions
Sec. 7.1 Policy.
In conformity with the policy expressed in Executive Order 11478
(34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803) and with implementing
regulations of the Equal Employment Opportunity Commission, codified
under 29 CFR part 1614, it is the policy and the intent of the
Department of Housing and Urban Development to provide equality of
opportunity in employment in the Department for all persons; to
prohibit discrimination because of race, color, religion, sex, national
origin, age or disability in all aspects of its personnel policies,
program, practices, and operations and in all its working conditions
and relationships with employees and applicants for employment; and to
promote the full realization of equal opportunity in employment through
continuing programs of affirmative employment at every management level
within the Department.
Sec. 7.2 Definitions.
For purposes of this subpart A--
AE means Affirmative Employment.
EEO means Equal Employment Opportunity.
Organizational unit means the jurisdictional area of the Office of
the Secretary, the Assistant to the Deputy Secretary for Field
Management, each Assistant Secretary, the General Counsel, the
Inspector General, the President of the Government National Mortgage
Association, the Chief Financial Officer, the Director of Lead-Based
Paint Abatement and Poisoning Prevention, and the Office of Federal
Housing Enterprise Oversight.
Person with a disability means the same as handicap under EEOC's
regulations at 29 CFR part 1614.
Sec. 7.3 Designations.
(a) Director of Equal Employment Opportunity. The Director of the
Office of Departmental Equal Employment Opportunity is designated the
Director of EEO, except that with respect to complaints naming the
Director and/or Deputy Director of Departmental EEO as the alleged
discriminating official(s) and complaints arising in the Office of
Departmental EEO, the Chief of Staff shall be Director of EEO.
(b) Deputy Director of Equal Employment Opportunity. The Deputy
Director of the Office of Departmental Equal Employment Opportunity is
designated as the Deputy Director of Equal Employment Opportunity and
acts for the Director of EEO.
(c) Equal Employment Opportunity Officers. The Director of Equal
Employment Opportunity shall designate appropriate HUD officials to be
Equal Employment Opportunity Officers for their respective
organizational units.
Sec. 7.4 Affirmative employment programs.
The Office of the Secretary, the Assistant to the Deputy Secretary
for Field Management, each Assistant Secretary, the General Counsel,
the Inspector General, the President of the Government National
Mortgage Association, the Chief Financial Officer, the Director of
Lead-Based Paint Abatement and Poisoning Prevention, and the Director,
Office of Federal Housing Enterprise Oversight shall establish,
maintain and carry out a plan of affirmative employment to promote
equal opportunity in every aspect of employment policy and practice.
Each plan shall identify instances of under-representation of
minorities, women and persons with disabilities, recognize situations
or barriers that impede equality of opportunity, and include objectives
and action items targeted to eliminate any employment, training,
advancement, and retention issues which adversely affect minorities,
women and persons with disabilities. Each plan must be consistent with
29 CFR part 1614 and the governing Management Directive issued by the
Equal Employment Opportunity Commission, and is subject to approval by
the Director of Equal Employment Opportunity and shall be developed
within the framework of Departmentwide guidelines published by the
Director of EEO.
Responsibilities
Sec. 7.10 Responsibilities of the Director and Deputy Director of EEO.
The Director and Deputy Director of EEO are assigned the functions
of:
(a) Advising the Secretary with respect to the preparation of
plans, procedures, regulations, reports, and other matters pertaining
to the Government's equal employment opportunity policy and the
Department's EEO/AE programs;
(b) In coordination with other officials, developing and
maintaining plans, procedures, and regulations necessary to carry out
the Department's EEO programs, including a Departmentwide program of
affirmative employment developed in coordination with other officials;
approving programs of affirmative employment established throughout the
Department;
(c) Evaluating from time to time the sufficiency of the
Department's EEO/AE programs and reporting thereon to the Secretary
with recommendations as to any improvement or correction needed,
including remedial or disciplinary action with respect to managerial or
supervisory employees who have failed in their responsibility;
(d) Appraising the Department's personnel operations at regular
intervals to insure their conformity with the policy of the Government
and the Department's equal employment opportunity program;
(e) Making changes in programs and procedures designed to eliminate
discriminatory practices and improve the Department's EEO/AE programs;
(f) Selecting EEO Counselors;
(g) Providing for counseling by an EEO Counselor of an aggrieved
[[Page 14229]]
employee or applicant for employment who believes that he or she has
been discriminated against because of race, color, religion, sex,
national origin, age or disability and for attempting to resolve on an
informal basis or through a formal alternative dispute resolution
process, the matter raised by the employee or applicant before a
complaint of discrimination may be filed under Sec. 7.31;
(h) Providing for the prompt, fair and impartial processing of
individual complaints involving issues of discrimination within the
Department subject to 29 CFR part 1614;
(i) Making the final decision on discrimination complaints and
ordering such corrective measures as may be necessary, including
disciplinary action as is warranted by the circumstances when an
employee has been found to have engaged in a discriminatory practice;
and
(j) Executing settlement agreements to resolve EEO complaints.
Sec. 7.11 Responsibilities of the EEO Officers.
Each EEO Officer shall:
(a) Advise the Director of EEO on all matters affecting the
implementation of the Department's EEO/AE policies and programs in the
organizational unit;
(b) Develop and maintain a program of affirmative employment for
the organizational unit and insure that it is carried out in an
exemplary manner;
(c) Publicize to all employees of the organizational unit the name
and address of the Director of EEO, the EEO Officer, and the EEO
Counselor(s), the EEO Discrimination Complaint Manager, the Affirmative
Employment Program (AEP) Manager, the Diversity Program Manager, and
the EEO complaint procedures;
(d) Inform all supervisors in the organizational unit of the
responsibilities and objectives of the EEO Counselors and the EEO
complaint process and the importance of cooperating with the Counselors
to informally find solutions to problems brought to the officer's
attention by employees and applicants;
(e) Evaluate the performance by the managers and supervisors in the
organizational unit in carrying out their responsibilities under this
subpart and taking appropriate action;
(f) Seek a resolution of EEO matters alleging discrimination within
their organization brought to their attention;
(g) Designate a high level Affirmative Employment Program (AEP)
Manager in Headquarters responsible for the preparation of the AEP
plan; the management of the plan; providing advice and guidance to
managers and supervisors in removing barriers to EEO/AE and in
implementing all their EEO/AE responsibilities; and reviewing all
recruitment and personnel actions taken by managers and supervisors to
ensure the achievement of AEP objectives;
(h) Designate a senior level EEO Discrimination Complaint Manager
in Headquarters to manage and direct the organization's EEO
responsibilities; and
(i) Designate a senior level Diversity Program Manager in
Headquarters to manage and direct the organization's Diversity Program
and provide resources for Diversity activities for its employees.
Sec. 7.12 Responsibilities of the EEO Counselors.
The EEO Counselors are responsible for counseling and attempting
resolution of matters brought to the counselor's attention pursuant to
Sec. 7.26 and 29 CFR part 1614 by any employee or applicant for
employment who believes that he or she has been discriminated against
because of race, color, religion, sex, national origin, age, or
disability.
Sec. 7.13 Responsibilities of the Assistant Secretary for
Administration.
The Assistant Secretary for Administration shall:
(a) Provide leadership in developing and maintaining personnel
management policies, programs, automated systems and procedures which
will promote continuing affirmative employment to insure equal
opportunity in the recruitment, selection, placement, training, awards,
recognition and promotion of employees, including an applicant flow
tracking system;
(b) Provide positive assistance and guidance to organizational
units and personnel offices to insure the effective implementation of
the personnel management policies, programs, automated systems, and
procedures on equal employment opportunity;
(c) Participate at the national level with other Government
departments and agencies, other employers, and other public and private
groups, in cooperative action to improve employment opportunities and
community conditions which effect employability;
(d) Prepare and implement plans for recruitment and reports in
accordance with the Federal Equal Opportunity Recruitment Program and
the Disabled Veterans Affirmative Action Program;
(e) Make 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
operation of the agency's program; and
(f) Designate a senior level Disability Program Manager to promote
EEO/AE for persons with disabilities; to assure the accessibility of
all HUD facilities and programs; and to manage the resources for
providing reasonable accommodation.
Sec. 7.14 Responsibilities of Human Resources Officers.
In conformity with guidelines issued by the Assistant Secretary for
Administration, Human Resources Officers shall:
(a) Appraise job structure and employment practices to insure
genuine equality of opportunity for all employees to participate fully
on the basis of merit in all occupations and levels of responsibility;
(b) Communicate the Department'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, disability or age and solicit their recruitment assistance on a
continuing basis;
(c) As appropriate, provide personnel information to EEO counselors
and others who are involved in the decision on a discrimination
complaint;
(d) Evaluate hiring methods and practices to insure impartial
consideration for all job applicants;
(e) Ensure that new employee orientation programs contain
appropriate references to the Department's EEO/AE policies and
programs;
(f) Participate in the preparation and distribution of such
educational materials as may be necessary to inform adequately all
employees of their rights and responsibilities as described in this
part, including the Department's directives issued to carry out the
Equal Employment Opportunity Program;
(g) In coordination with the Director of the Training Academy,
develop an on-going training program for various levels of
administration and supervision, to ensure understanding of the
Departmental EEO/AE programs, policy and requirements which fosters
effective teamwork and high morale, and provide communication with
employees on any matter related to equal employment opportunity;
(h) Decide all personnel actions on merit principles in a manner
which will demonstrative affirmative equal employment opportunity for
the organization;
[[Page 14230]]
(i) Ensure the greatest possible utilization and development of the
skills and potential ability of all employees;
(j) Track applicant flow and promptly take or recommend appropriate
action to overcome any impediment to the achievement of the objectives
of the EEO/AE programs; and
(k) Provide recognition to employees, supervisors, managers and
units demonstrating superior accomplishment in equal employment
opportunity.
Sec. 7.15 Responsibilities of managers and supervisors.
All managers and supervisors of the Department are responsible for:
(a) Removing barriers to EEO and ensuring that Affirmative
Employment objectives are accomplished in their areas of
responsibility;
(b) Evaluating subordinate managers and supervisors on their
performance of EEO/AE responsibilities;
(c) Encouraging and taking positive steps to ensure respect for and
acceptance of minorities, women and persons with disabilities, veterans
and others of diverse characteristics in the work force;
(d) Providing for the non-discriminatory treatment of all employees
and for providing full and fair opportunity for all employees in
obtaining employment and career advancement, including support for
F.A.I.R., the Upward Mobility Program, the Mentoring Program and the
Individual Development Plan;
(e) Encouraging and authorizing staff participation in the various
Diversity Program observances;
(f) Being proactive in addressing EEO/AE issues, and for work
environments that encourage and support complaint avoidance through
sound management and personnel practices;
(g) Resolving complaints of discrimination early in the EEO process
either independently, or through the use of alternate dispute
resolution techniques, when it is the right thing to do and when it
represents a sound business decision; and
(h) Making reasonable accommodation to the religious and disability
needs of applicants and employees when those accommodations can be made
without undue hardship on the business of the agency.
Sec. 7.16 Responsibilities of employees.
All employees of the Department are responsible for:
(a) Being informed as to the Department's EEO/AE programs;
(b) Adopting an attitude of full acceptance of minority, female and
disabled group associates, and support of F.A.I.R.;
(c) Providing equality of treatment of, and service to, all
citizens with whom they come in contact in carrying out their job
responsibilities; and
(d) Providing assistance to supervisors and managers in carrying
out their responsibilities in the EEO/AE programs.
Precomplaint Processing
Sec. 7.25 Precomplaint processing.
The regulations in 29 CFR 1614.105, concerning precomplaint
processing shall apply.
Complaints
Sec. 7.30 Presentation of complaint.
At any stage in the presentation of a complaint, including the
counseling stage, the Complainant shall be free from restraint,
interference, coercion, discrimination, or reprisal and shall have the
right to be accompanied, represented, and advised by a representative
of the Complainant's own choosing, except as limited by 29 CFR
1614.605. If the Complainant is an employee of the Department, the
employee shall have a reasonable amount of official time to present the
complaint if the employee is otherwise in an active duty status. If the
Complainant is an employee of the Department and designates another
employee of the Department as Complainant's representative, the
representative shall be free from restraint, interference, coercion,
discrimination, or reprisal, and shall have a reasonable amount of
official time, if the representative is otherwise in an active duty
status, to present the complaint.
Sec. 7.31 Who may file a complaint, with whom filed, and time limits.
Any aggrieved person (hereafter referred to as the Complainant) who
has observed the provisions of Sec. 7.25 may file a complaint if the
matter of discrimination was not resolved to the complainant's
satisfaction. The complaint must be filed with the Director of EEO
within fifteen (15) days of receipt of the Notice of Right to File a
Complaint issued by the EEO Counselor. The Department may accept a
complaint only if the Complainant has met the appropriate requirements
contained in 29 CFR 1614.605.
Sec. 7.32 Contents.
(a) The complaint filed should include the following information:
(1) The specific action or personnel matter which is alleged to be
discriminatory;
(2) The date the act or matter occurred;
(3) The protected basis or bases on which the alleged
discrimination occurred;
(4) Facts and other pertinent information to support the allegation
of discrimination; and
(5) The relief desired.
(b) To expedite the processing of complaints of discrimination, the
Complainant should use HUD EEO-1 form to file the complaint.
Sec. 7.33 Acceptability.
The Director of EEO shall determine whether the complaint comes
within the purview of the EEO regulations at 29 CFR part 1614 and shall
advise the Complainant and Complainant's representative in writing of
the acceptance or dismissal of the allegation(s) of the complaint.
Should the Director of EEO dismiss the complaint or any allegations
contained in the complaint, the written decision to the Complainant
shall inform Complainant of the complainant's right to appeal the
decision and of the time limit applicable to the right of appeal, if
Complainant believes the dismissal improper.
Sec. 7.34 Processing.
(a) The Director of EEO will process complaints filed under 29 CFR
part 1614 for the Department. The Director or the Director's designee
has jurisdiction of any case.
(b) The Director of EEO shall provide for the development of a
complete and impartial record on which to decide the merits of the
allegations accepted for investigation.
(1) The person assigned to develop the factual record for the
complaint shall occupy a position in the Department which is not,
directly or indirectly, under the jurisdiction of the head of the part
of the Department in which the complaint arose, or the person shall
develop the record under a contract with the Department.
(2) The Department will develop a complete and impartial factual
record, subject to the requirements of 29 CFR part 1614, upon which to
make findings on the matters raised in the complaint and accepted for
processing.
(3) The Director of EEO will provide the Complainant and the EEO
Officer a copy of the record developed.
Sec. 7.35 Hearing.
(a) The Director of EEO will notify the Complainant of the
Complainant's right to request an administrative hearing before the
Equal Employment Opportunity Commission or a Final Agency Decision from
the Department and the timeframes for executing the
[[Page 14231]]
right to request an administrative hearing.
(b) The Director of EEO will notify the appropriate EEOC office of
Complainant's timely request for a hearing and request the appointment
of an administrative judge to conduct the hearing pursuant to 29 CFR
1614.109.
Sec. 7.36 Decision by Director of EEO.
Following consultation with the General Counsel and the Assistant
Secretary for Administration, the Director of EEO shall make the final
agency decision for the Department based on the record developed
through the processing of the complaint. The decision shall require the
remedial and corrective action necessary to ensure that the Department
is in compliance with the EEO statutes and to promote the Department's
policy of equal employment opportunity.
Sec. 7.37 Rights of appeal.
The provisions of 29 CFR part 1614, subpart D, shall govern rights
of appeal.
Sec. 7.38 Relationship to other HUD appellate procedures.
(a) An aggrieved individual covered by a collective bargaining
agreement that permits allegations of discrimination to be raised in a
negotiated grievance procedure can file a complaint under these
procedures or a negotiated grievance, but not both. An election to
proceed under this part is indicated only by filing of a written
complaint. An election to proceed under a negotiated grievance
procedure is indicated by the filing of a timely grievance.
(b) An aggrieved individual alleging discrimination on the basis of
race, color, religion, sex, national origin, age or disability related
to or stemming from an action that can be appealed to the Merit Systems
Protection Board (MSPB) can file a complaint under these procedures, or
an appeal with the MSPB, but not both. Whichever is filed first, the
complaint or the appeal, is considered an election to proceed in that
forum.
Subpart B--[Reserved]
Dated: March 20, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-7331 Filed 3-28-96; 8:45 am]
BILLING CODE 4210-32-P
