ATTACHMENT C
WRITTEN NOTICE OF RIGHTS AND RESPONSIBILITIES
1. Precomplaint counseling initiated on , will end in 30-days on , when I shall issue a Notice of Final Interview (NOFI). (An extension of precomplaint counseling, not to exceed 60-days, may be granted only upon written permission from the Equal Employment Opportunity Officer.) You have the right to file a formal complaint of discrimi nation within 15-days after I issue the NOFI.
2. The primary purpose of the precomplaint counseling which began on is to seek a solution to the matters which you brought to my attention. As the assigned EEO Counselor, I am not your advocate in this endeavor, nor am I an advocate for the Department. I will make necessary inquiries and counsel you concerning the issues in the matters you may raise.
3. You have the right to be represented by a person of your choice at any time during administrative complaint procedures, including this precomplaint counseling. If you obtain representation, you must notify the appropriate EEO Office, in writing, of the name and address of your representative, immediately upon obtaining the representative. Failure to so notify this office may result in loss of attorney's fees to which you may otherwise have been entitled.
4. You have the right to remain anonymous during this period of precomplaint counseling unless you give me specific written permission to reveal your identity. The matters you brought to my attention may be more readily resolved if you permit the use of your name during this precomplaint counseling.
5. If you believe that you have been subjected to unlawful dis-
crimination because of your race, color, national origin, religion, handicapping
condition, sex, sexual orientation1
or reprisal for participation in activity protected by the Equal Employment
Opportunity Act or the Rehabilitation Act; you must first follow administrative
complaint processing procedures before you appeal to the Equal Employment Opportunity
Commission (EEOC), Merit Systems Protection Board (MSPB*), or file a civil action
in a U.S. District Court. [Note: "Filing a civil action under § 1614.408
or § 1614.409 shall terminate Commission processing of the appeal.
If private suit is filed subsequent to the filing of an appeal, the parties
are requested to notify the Commission in writing." 29 CFR 1614.410]
6. You are entitled to a reasonable amount of official time to present your
complaint pursuant to 29 C.F.R. § 1614.605(b). In order to receive official
time it must be requested and in order to be eligible to receive official
time, you must be in an active duty status with the Agency.
7. Allegations of discrimination grounded in acts or events occurring more
than 45-days prior to ____________ may be dismissed as untimely filed by the
Director, Office for Equal Opportunity pursuant to 29 CFR 1614.107 (b).
8. Allegations of discrimination grounded in acts, events or matters which
you have initiated through an internal grievance procedure, negotiated grievance
procedure, a previously filed EEO Complaint, filed in U.S. District Court,
appealed to the MSPB*, etc., will be dismissed by the Director, Office for
Equal Opportunity pursuant to 29 CFR 1614.107 (d).
9. If the matters which you bring to my attention are not resolved to your
satisfaction, you may file a formal complaint of dis-crimination no later
than 15-days after I issue the NOFI.
10. I will prepare a Counselor's Report at the conclusion of pre- complaint
counseling and submit it to the Chief Counselor or the Equal Employment Opportunity
Officer.
11. You may file a formal complaint only on those matters which you specifically
bring to my attention during these 30-days of precomplaint counseling. Other
matters may be dismissed by the Director, Office for Equal Opportunity pursuant
to 29 CFR 1614.107 (b).
12. If you file a formal complaint of discrimination and the Department of
the Interior fails to issue a Final Decision within 180-days of filing your
formal complaint, you may file a civil action in U.S. District Court.
13. If you believe that you have been subjected to unlawful age discrimination
(over 40), you may, 30-days after filing a "notice of intent to sue"
with the EEOC, file a civil action in U.S. District Court without going through
administrative complaint procedures. If you choose to pursue allegations of
age discrimination administratively, you must first exhaust administrative
procedures, including appeals to the EEOC or MSPB, before filing a civil action
in U.S. District Court.
14. Your formal complaint will be acknowledged.
15. If your formal complaint, or any portion thereof, is dismissed the Director,
Office for Equal Opportunity will inform you in writing of your appeal rights.
16. If your formal complaint is accepted for processing, the acceptance letter
will specifically state your allegation[s] of discrimination, and provide
specific information regarding the processing of your complaint and appeal
rights. You will receive a copy of the Counselor's Report, and your complaint
will be investigated. The Department of the Interior must issue the
report of investigation no later than 180-days after you file your complaint.
[29 CFR 1614.108(f)]
17. Upon completion of the investigation, the investigator will prepare a
Report of Investigation, a copy of which will be provided to you by the Equal
Employment Opportunity Officer.
18. Upon receipt of the Report of Investigation, you may request a hearing
before an EEOC Administrative Judge or a final decision without a hearing.
Your written request must be made to Director, Office for Equal Opportunity
within 30-days of your receipt of the report of investigation. If you make
no request, you will receive a final decision without a hearing within 90-days
of your receipt of the report of investigation
19. If you request a decision without a hearing, you should receive a final
decision within 60-days of your request.
20. If you request a hearing, a hearing will be conducted by an Administrative
Judge from the Equal Employment Opportunity Commission in accordance with
29 CFR 1614.109.
21. The Administrative Judge will send copies of findings, con- clusions,
and orders along with the entire record, by certified mail, return receipt
requested, to you and to this agency within 180-days of the Commission's receipt
of your request for a hearing.
22. After the hearing, the Administrative Judge will issue a "recommended
decision" which the Director, Office for Equal Opportunity may adopt,
modify or reject in the Final Decision. The Administrative Judge's findings
of fact, conclusions of law and orders for relief become the final decision
60-days after receipt unless rejected or modified in writing by this agency
in a final decision. The Final Decision closes administrative processing of
your complaint within the Department.
23. If you are not satisfied with the Final Decision, you may appeal the
matter to the EEOC, or you may file a civil action in U.S. District Court.
The final agency decision will give you detailed information necessary to
exercise appeal rights.
24. If you appeal to EEOC and are dissatisfied with the appellate decision,
you may request that the Commission reconsider its decision, or you may file
a civil action in U.S. District Court.
* If your formal complaint raises allegations within the appellate jurisdiction
of the Merit Systems Protection Board (such as termination of employment,
denial of within grade increase, demotion, RIF, suspension for more than 14-days,
furlough for less than 30-days, "constructive discharge," etc.),
it is known as a mixed case complaint. The following procedures apply
to mixed case complaints: (See 5 CFR 1201 for details.)
1. You may file a mixed case appeal of the matter (including allegations
of unlawful discrimination) directly to the MSPB without filing a formal complaint
of discrimination and going through the administrative complaint process.
Mixed case appeals must be filed no later than 20-days after the effective
date of the matter giving rise to the appeal. The MSPB decision will be binding
on all parties.
2. If you file a mixed case complaint, processing will follow steps
12-17 above, and your appeal rights will be to the MSPB, not to the EEOC.
3. The Final Decision to your mixed case complaint will be issued
without a hearing. You may appeal the Final Decision of a mixed case complaint
to the MSPB, or file a civil action in U.S. District Court. The MSPB will
conduct a hearing if your appeal is timely filed and alleges unlawful discrimination.
4. If you are not satisfied with the MSPB decision to your mixed case
complaint, you may file a petition with EEOC, or file a civil action in
U.S. District Court.
I have been informed of the employee's/applicant's rights by the EEO Counselor
on ____________________________.
___________________________________ _________________
Signature [Aggrieved] Date
1 Please note:
if filing based on sexual orientation the procedures are described in 373 DM
7, see Rights and Responsibilities Addendum regarding sexual orientation procedures.
.