Appendix 13

 

Certified Mail
Return Receipt Request

(Docket Number)

Address

Dear Addressee:

The Report of Investigation (ROI) and Summary regarding your complaint of discrimination (XXX-XX-XXX) is enclosed for your review and retention. Please read this letter carefully. It explains your rights and responsibilities in further processing of your complaint.

Although there is no pledge of confidentiality for witnesses submitting sworn statement, such statements and other related documents contained in the ROI are not public documents and may not be publicly disclosed. You are requested to safeguard this information and use it only in connection with the processing of your Equal Employment Opportunity (EEO) complaint.

Within thirty (30) days of your receipt of the ROI, you have the right to request a hearing before an Equal Employment Opportunity Commission (EEOC) Administrative Judge (AJ). If you do not respond to the election notice, or if you do not request a hearing, the Departmental Director, Office for Equal Opportunity will issue a Final Agency Decision on the merits of your case.

If you elect to have a hearing, you are required to certify to the AJ that you have sent a copy of the hearing request to the Department. Your request for a hearing should be made directly to the EEOC and sent to the following address:

Address for the appropriate Field Office

A copy of your request should be also provided to:

Address for the Bureau/Office

The hearing is an adjudicatory proceeding that completes the process of developing a full and appropriate record. The AJ will assume full responsibility for the adjudication of the complaint, including overseeing the development of the record. See 29 C.F.R. 1514.109 for more information about the hearing process.

If you request a final agency decision without a hearing, the Director, OEO will issue the decision within 60 calendar days of its receipt of your request.

If you are not satisfied with the final agency decision, you may appeal the decision to the EEOC within 30 calendar days of your receipt of the decision, with a copy of the appeal to the Director, OEO. Your appeal must be mailed to:

Equal Employment Opportunity Commission
Office of Federal Operations
Post Office Box 19848
Washington, D.C. 20036
or, you may hand-deliver your appeal to the EEOC at the following address:
Office of Federal Operations
Appellate Review Program
1801 L Street, NW
Washington, D.C. 20507
or, you may fax your appeal to the EEOC at (202) 663-7022

You have the right to file a civil action in an appropriate US District Court after 180 calendar days from the date you filed your complaint, if the Department has not issued a final decision and no appeal has been filed.

You also have the right to file a civil action within 90 calendar days  of your receipt of the EEOC's decision on your appeal, or after 180 calendar days of filing an appeal if the EEOC has not issued a decision.

You will continue to receive specific information about your rights and responsibilities in the complaint process as your complaint progresses. If at any time you have any questions regarding the process, you may contact (name of EEO Person)  at (telephone number).

                                                                                        Sincerely,
 
 

                                                                                        Bureau/Office Equal Opportunity Officer
 

Enclosures:   ROI
                    Notice of Election

cc:    Complainant or Complainant's Representative
        Complaint File
 



 
 
 
 
 

Memorandum

To:         Address for the Bureau/Office Equal Opportunity Office

From:     Addressee

Subject: NOTICE OF ELECTION - (XXX-XX-XXX)

I am returning the election form regarding the processing of my complaint. I have made the following election:
 

                                                                                                  
                                                                                                  Signature
 

                                                                                                  
                                                                                                  Date