1、116 24 CFR Subtitle A (4111 Edition) Pt. 7 PART 7EQUAL EMPLOYMENT OP-PORTUNITY; POLICY, PROCE-DURES AND PROGRAMS Subpart AEqual Employment Opportunity Without Regard to Race, Color, Reli-gion, Sex, National Origin, Age, Dis-ability or Reprisal GENERAL PROVISIONS Sec. 7.1 Policy. 7.2 Definitions. 7.3
2、 Designations. 7.4 Equal employment opportunity pro-grams. 7.5 EEO Alternative Dispute Resolution Program. RESPONSIBILITIES 7.10 Responsibilities of the Director of EEO. 7.11 Responsibilities of the EEO Officers. 7.12 Responsibilities of the EEO Counselors. 7.13 Responsibilities of the Assistant Sec
3、-retary for Administration. 7.14 Responsibilities of the Office of Human Resources. 7.15 Responsibilities of managers and super-visors. 7.16 Responsibilities of employees. PRE-COMPLAINT PROCESSING 7.25 Pre-complaint processing. 7.26 EEO Alternative Dispute Resolution Program. COMPLAINTS 7.30 Present
4、ation of complaint. 7.31 Who may file a complaint, with whom filed, and time limits. 7.32 Representation and official time. 7.33 Contents of the complaints. 7.34 Acceptability. 7.35 Processing. 7.36 Hearing. 7.37 Final action. 7.38 Appeals. OTHER COMPLAINT AND APPEAL PROCEDURES 7.39 Negotiated griev
5、ance, MSPB appeal and administrative grievance procedures. REMEDIES, ENFORCEMENT AND COMPLIANCE 7.40 Remedies and enforcement. 7.41 Compliance with EEOC final decisions. 7.42 Enforcement of EEOC final decisions. 7.43 Settlement agreements. 7.44 Interim relief. STATISTICS AND REPORTING REQUIREMENTS 7
6、.45 EEO group statistics and reports. Subpart B Reserved AUTHORITY: 29 U.S.C. 206(d), 633a, 791 and 794; 42 U.S.C. 2000e note, 2000e-16, 42 U.S.C. 3535(d); E.O. 11478 of Aug. 8, 1969; 34 FR 19285, Aug. 12, 1969; E.O. 10577, 3 CFR 19541958; E.O. 11222, 3 CFR 19641965. SOURCE: 66 FR 20564, Apr. 23, 20
7、01, unless otherwise noted. Subpart AEqual Employment Opportunity Without Regard to Race, Color Religion, Sex, Na-tional Origin, Age, Disability or Reprisal GENERAL PROVISIONS 7.1 Policy. The Departments equal employment opportunity policy conforms with the policies expressed in Title VII of the Civ
8、il Rights Act of 1964 (42 U.S.C. 2000d2000d4); the Civil Rights Act of 1991 (Pub. L. 102166, approved Novem-ber 21, 1991); Executive Order 11478 of 1969 (34 FR 12985, 3 CFR 19661970 Comp., p. 803); the Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. 621 et seq.); the Equal Pay Act of
9、1963 (29 U.S.C. 206d); sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794); the Civil Service Re-form Act of 1978 (5 U.S.C. 1101 et seq.); Executive Order 13087 of 1998 (63 FR 30097); and the EEOCs implementing regulations, codified at 29 CFR part 1614. It is HUDs policy to p
10、rovide equality of opportunity in employment in the Department for all persons; to prohibit discrimination on the basis of race, color, religion, sex, national ori-gin, age, or disability in all aspects of its personnel policies, programs, prac-tices, and operations and in all its working conditions
11、 and relationships with current or former employees and applicants for employment; to prohibit discrimination against any employee because he or she has made a charge, testified, assisted, or participated in any manner in an investigation, pro-ceeding, or hearing concerning an equal employment oppor
12、tunity com-plaint; and to promote the full realiza-tion of equal opportunity in employ-ment through continuing programs of equal employment opportunity at every level within the Department. Procedures for filing EEO claims are found in the EEOC regulations at 29 VerDate Mar2010 08:31 Apr 29, 2011 Jk
13、t 223077 PO 00000 Frm 00126 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-117 Office of the Secretary, HUD 7.2 CFR part 1614. HUD is committed to promoting equal employment
14、 oppor-tunity through the removal of barriers and by positive actions at every level, including the early resolution of EEO disputes. 69 FR 62172, Oct. 22, 2004 7.2 Definitions. Aggrieved individual means a person who suffers a present harm or loss with respect to a term, condition, or privi-lege of
15、 employment for which there is a remedy. The terms aggrieved indi-vidual and aggrieved person, as used in this part, are interchangeable. Alternative Dispute Resolution (ADR) means a variety of approaches used to resolve conflict rather than traditional adjudicatory or adversarial methods such as li
16、tigation, hearings, and ad-ministrative processing and appeals. The approaches used may include, but are not limited to: negotiation, concil-iation, facilitation, mediation, fact- finding, peer review, mini-trial, arbi-tration, or ombudsman. Claim means action the agency has taken or is taking that
17、causes the ag-grieved person to believe that he or she is a victim of discrimination. This term replaces the formerly used term allegation and is used interchange-ably with the term issue. Comparable means a person des-ignated as head of an organizational unit that is analogous to that headed by an
18、Assistant Secretary. Conflict-of-interest complaint means an EEO complaint arising in the Depart-ment which names the Director of EEO or the Deputy Director of EEO, or both, as the responsible management offi-cials. Director of Equal Employment Oppor-tunity (EEO) means the Director of HUDs Office of
19、 Departmental Equal Employment Opportunity who is also designated as the Director of EEO in this part. Disability means the same as the term handicap under EEOCs regulations at 29 part 1614. Discrimination Complaint Manager (DCM) means the designee, appointed by the Assistant Secretary (EEO Offi-cer
20、) or the Assistant Secretarys com-parable, who assists the EEO Officer in discharging his or her EEO responsibil-ities and is responsible for carrying out the EEO discrimination complaint process for the organizational unit pur-suant to the applicable civil rights laws, the regulations at 29 CFR par
21、t 1614 and this part. Diversity Program Manager means the designee appointed by the Assistant Secretary (EEO Officer) or the Assist-ant Secretarys comparable who assists the EEO Officer in promoting apprecia-tion of the contributions of women, mi-norities, and persons with disabilities, and in promo
22、ting the value of all De-partment employees. EEO means equal employment oppor-tunity. EEO Officer Pro Tem means the Chief of Staff or an official at a neutral fed-eral agency designated to process an EEO claim that would be a conflict of interest for the Director of EEO or the Deputy Director of EEO
23、 or both. EEO Officer Pro Tem also refers to the As-sistant Secretary or the Assistant Sec-retary-comparable designated by the Director of EEO to serve as the EEO Officer for an EEO claim that would be a conflict of interest for a responding Assistant Secretary or Assistant Sec-retary-comparable. EE
24、OC and Commission mean the Equal Employment Opportunity Commission. Final action means the Departments issuance of a final decision or final order. Final decision means HUDs deter-mination of the findings of fact and law on the merits or the procedural issues of an EEO complaint based upon the avail
25、able record. Final order means the Departments final action which states whether the Department will fully implement the decision or order of an EEOC Adminis-trative Judge, or both. Neutral means an individual who me-diates or otherwise functions to specifi-cally aid the parties in resolving the iss
26、ues, and has no official, financial, or personal conflict of interest with re-spect to the issues being disputed, un-less such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve. Organizational unit means the juris-dictional area of the Departments
27、 pro-gram offices such as the Office of the VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00127 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-118 24 CFR Subtit
28、le A (4111 Edition) 7.3 Secretary, the Office of General Coun-sel, etc. Record means all documents related to the EEO complaint as outlined in EEOC Management Directive 110. Reprisal means the action taken against a current or former employee or applicant in retaliation for previous EEO participatio
29、n in protected EEO ac-tivity or for opposing employment practice or policy illegal under EEO statutes. The terms reprisal and retaliation are used interchange-ably. 66 FR 20564, Apr. 23, 2001, as amended at 69 FR 62173, Oct. 22, 2004 7.3 Designations. (a) Director of Equal Employment Op-portunity. T
30、he Director of the Office of Departmental Equal Employment Op-portunity (ODEEO) is designated as the Director of EEO, except for complaints naming the Director or Deputy Direc-tor of Departmental EEO, or both, as the responsible management official(s) in complaints arising in the ODEEO which present
31、 a conflict-of-interest. In such cases, the Director of EEO may: (1) Transfer the case to the Chief of Staff for processing; or (2) On behalf of the Department, enter into an agreement with one or more federal agencies for processing of the Departments conflict-of-interest cases by the designated fe
32、deral official chosen to serve as the EEO Officer Pro Tem. (b) Deputy Director of Equal Employ-ment Opportunity. The Deputy Director of the ODEEO is designated as the Dep-uty Director of EEO and acts in the ab-sence of the Director of EEO. (c) Equal Employment Opportunity Of-ficer. The Director of E
33、EO shall des-ignate the Assistant Secretary or the Assistant Secretarys comparable as EEO Officer for the Departments re-spective organizational units for com-plaints arising in the respective Assist-ant Secretarys or Assistant Sec-retarys comparable organizational unit. (d) Equal Employment Opportu
34、nity Dis-crimination Complaint Manager (DCM). Each Assistant Secretary (EEO Officer) shall designate a DCM to represent the organizational unit in EEO matters and assist the EEO Officer in carrying out EEO responsibilities. The DCM shall be the Administrative Officer (AO) for the organizational unit
35、 or an-other designee of the EEO Officer. 7.4 Equal employment opportunity programs. The Secretary, each Assistant Sec-retary, the General Counsel, the In-spector General, the President of the Government National Mortgage Asso-ciation, the Chief Financial Officer, the Director of Healthy Homes and L
36、ead Hazard Control, the Director of the Of-fice of Departmental Operations and Coordination, and other HUD officials who may be determined by the Sec-retary for purposes of this part to be comparable to an Assistant Secretary, shall establish, maintain, and carry out a plan of equal employment oppor
37、-tunity to promote equal opportunity in every aspect of employment policy and practice. Each plan must be consistent with 29 CFR part 1614 and EEOC Man-agement Directive 715. A copy of the EEOC Management Directive 715 is available at http:/www.eeoc.gov. 69 FR 62173, Oct. 22, 2004 7.5 EEO Alternativ
38、e Dispute Resolu-tion Program. In accordance with the Secretarys Policy Statement regarding Alter-native Dispute Resolution (ADR) lo-cated on the Departments website and 29 CFR 1614.102(b)(2), the Department shall establish and maintain an ADR program that addresses, at a minimum, EEO matters at the
39、 pre-complaint and formal complaint stages of the EEO process. ADR is a non-adversarial proc-ess that does not render a judgment with respect to the dispute. With the assistance of an impartial and neutral third party, ADR offers parties in-volved the opportunity to reach early and informal resoluti
40、on of EEO mat-ters in a mutually satisfactory fashion. (a) Program availability. In appro-priate cases, the EEO ADR Program is made available to an aggrieved person or Complainant during the pre-com-plaint and the formal complaint proc-essing periods. Participation in the program by the parties is k
41、nowing and voluntary. Agency managers have a VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00128 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-119 Office of th
42、e Secretary, HUD 7.5 duty to cooperate in an ADR pro-ceeding once the agency has deter-mined that a matter is appropriate for ADR and the aggrieved person/com-plainant has elected to participate in ADR. At the formal stage, the com-plainant may request participation in the ADR Program. However, a de
43、ter-mination of the appropriateness of ADR at the time of the request will be made on a case-by-case basis by the ap-propriate ODEEO official designated by the Director of EEO and does not affect the processing of the formal complaint, including the investigation. (b) EEO ADR program procedures. The
44、 ODEEO shall establish and maintain all EEO ADR Program procedures which include appropriate consulta-tions. (c) ADR training. Training and edu-cation on the EEO ADR Program will be provided to all Department employ-ees, managers and supervisors, and other persons protected under the ap-plicable law
45、s. (d) Pre-complaint ADR election process. The appropriateness of a particular EEO matter or EEO complaint for the Departments ADR Program shall be determined on a case-by-case basis by the ODEEO official designated by the Director of EEO. The EEO Counselor shall advise the aggrieved person that the
46、 aggrieved person may choose be-tween participation in the EEO ADR Program or the EEO traditional coun-seling activities provided for at 29 CFR 1614.105(c). The aggrieved persons elec-tion to proceed through ADR instead of EEO counseling is final. (e) ADR counseling requirements. (1) The minimum inf
47、ormation to be pro-vided by the EEO Counselor about the Departments ADR Program includes the following: (i) Definition of the term ADR; (ii) An explanation of the stages in the EEO process at which ADR may be available; (iii) A description of the ADR tech-nique(s) used by the Department; (iv) A desc
48、ription of how the program is consistent with the EEO ADR core principles that ensure fairness and re-quire voluntariness, neutrality, con-fidentiality, and enforceability; (v) An explanation of procedural and substantive alternatives; and (vi) All time frames for the EEO ad-ministrative process inc
49、luding ADR. (2) The EEO Counselor shall have no further involvement in resolving the EEO matter after the referral to the EEO ADR program. (f) Extension of pre-complaint proc-essing period for ADR. Where the ag-grieved person chooses to participate in ADR, the pre-complaint processing period shall not exceed 90 days from the date of initial contact with the EEO Office. (1) The aggrieved person shall be in-formed in w
