Comment on FR Doc # E9-30162

This comment relates to the proposed change in 29 CFR 1614.502(c) to allow 120 days, rather than 60, to comply with ordered relief. The EEOC justifies the proposal on the basis that an employing agency first must wait out the 90 days in which a complainant may file suit. I propose that the extension be inapplicable if a complainant certifies that he or she will not file suit as, under that circumstance, there is no justification for the employing agency to delay further. Having to wait 120days for relief can pose an economic hardship for some complainants, such as where the challenged action was something that resulted in a loss of pay. I thus propose that the amended language read as follows for 29 CFR 1614.502(c)--adding a final sentence to the proposed revision to 120 days: ................................... "(c) When no request for reconsideration is filed or when a request for reconsideration is denied, the agency shall provide the relief ordered and there is no further right to delay implementation of the ordered relief. The relief shall be provided in full not later than 120 days after receipt of the final decision unless otherwise ordered in the decision. However, if prior to 60 days after its receipt of the final decision, the agency receives written certification from the complainant that the complainant will not file a civil action regarding the final decision, then relief shall be provided within 60 days of the agency's receipt of such certification." ................................. This would allow the complainant to avoid undue delay by notifying the agency that the complainant would not be filing a civil action. It also provides some encouragement to make an earlier decision regarding a civil acton filing and so provide more certainty earlier on for all parties to the complaint. ___________________ The submitter of this comment since 1996 has represented federal employees around the country from numerous agencies and components.