(a) Place and time of filing. Any applicant for employment with a
contractor or any employee of a contractor may, personally, or by an
authorized representative, file a written complaint alleging a violation
of the Act or the regulations in this part. The complaint may allege
individual or class-wide violation(s). Such complaint must be filed
within 300 days of the date of the alleged violation, unless the time
for filing is extended by OFCCP for good cause shown. Complaints may be
submitted to the OFCCP, 200 Constitution Avenue, NW., Washington, DC
20210, or to any OFCCP regional, district, or area office. Complaints
may also be submitted to the Veterans' Employment and Training Service
of the Department of Labor directly, or through the Local Veterans'
Employment Representative (LVER) or his or her designee at the local
employment service office. Such parties will assist veterans
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in preparing complaints, promptly refer such complaints to OFCCP, and
maintain a record of all complaints which they receive and forward.
OFCCP shall inform the party forwarding the complaint of the progress
and results of its complaint investigation. The state employment
security agency shall cooperate with the Deputy Assistant Secretary in
the investigation of any complaint.
(b) Contents of complaints--(1) In general. A complaint must be
signed by the complainant or his or her authorized representative and
must contain the following information:
(i) Name and address (including telephone number) of the
complainant;
(ii) Name and address of the contractor who committed the alleged
violation;
(iii) Documentation showing that the individual is a special
disabled veteran, veteran of the Vietnam era, recently separated
veteran, or other protected veteran. Such documentation must include a
copy of the veteran's form DD-214, and, where applicable, a copy of the
veteran's Benefits Award Letter, or similar Department of Veterans
Affairs certification, updated within one year prior to the date the
complaint is filed, indicating the veteran's level (by percentage) of
disability, and whether the veteran has been determined by the
Department of Veterans Affairs to have a serious employment handicap
under 38 U.S.C. 3106;
(iv) A description of the act or acts considered to be a violation,
including the pertinent dates (in the case of an alleged continuing
violation, the earliest and most recent date that the alleged violation
occurred should be stated); and
(v) Other pertinent information available which will assist in the
investigation and resolution of the complaint, including the name of any
known Federal agency with which the employer has contracted.
(2) Third party complaints. A complaint filed by an authorized
representative need not identify by name the person on whose behalf it
is filed. The person filing the complaint, however, shall provide OFCCP
with the name, address and telephone number of the person on whose
behalf it is made, and the other information specified in paragraph
(b)(1) of this section. OFCCP shall verify the authorization of such a
complaint by the person on whose behalf the complaint is made. Any such
person may request that OFCCP keep his or her identity confidential, and
OFCCP will protect the individual's confidentiality wherever that is
possible given the facts and circumstances in the complaint.
(c) Incomplete information. Where a complaint contains incomplete
information, OFCCP shall seek the needed information from the
complainant. If the information is not furnished to OFCCP within 60 days
of the date of such request, the case may be closed.
(d) Investigations. The Department of Labor shall institute a prompt
investigation of each complaint.
(e) Resolution of matters. (1) If the complaint investigation finds
no violation of the Act or this part, or if the Deputy Assistant
Secretary decides not to refer the matter to the Solicitor of Labor for
enforcement proceedings against the contractor pursuant to Sec. 60-
250.65(a)(1), the complainant and contractor shall be so notified. The
Deputy Assistant Secretary, on his or her own initiative, may reconsider
his or her determination or the determination of any of his or her
designated officers who have authority to issue Notifications of Results
of Investigation.
(2) The Deputy Assistant Secretary will review all determinations of
no violation that involve complaints that are not also cognizable under
Title I of the Americans with Disabilities Act.
(3) In cases where the Deputy Assistant Secretary decides to
reconsider the determination of a Notification of Results of
Investigation, the Deputy Assistant Secretary shall provide prompt
notification of his or her intent to reconsider, which is effective upon
issuance, and his or her final determination after reconsideration, to
the person claiming to be aggrieved, the person making the complaint on
behalf of such person, if any, and the contractor.
(4) If the investigation finds a violation of the Act or this part,
OFCCP shall invite the contractor to participate in conciliation
discussions pursuant to Sec. 60-250.62.
