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Content Last Revised: 1/24/92
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 41  

Public Contracts and Property Management

 

Chapter 60  

Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor

 

 

Part 60-742  

Procedures for Complaints/Charges of Employment Discrimination Based on Disability Filed Against Employers Holding Government Contracts or Subcontracts


41 CFR 60-742.5 - Processing of complaints filed with OFCCP.

  • Section Number: 60-742.5
  • Section Name: Processing of complaints filed with OFCCP.

    (a) Complaints of employment discrimination filed with OFCCP will be 
considered charges, simultaneously dual filed, under the ADA whenever 
the complaints also fall within the jurisdiction of the ADA. OFCCP will 
act as EEOC's agent for the sole purposes of receiving, investigating 
and processing the ADA charge component of a section 503 complaint dual 
filed under the ADA, except as otherwise set forth in paragraph (e) of 
this section.
    (b) Within ten days of receipt of a complaint of employment 
discrimination under section 503 (charge under the ADA), OFCCP shall 
notify the contractor/respondent that it has received a complaint of 
employment discrimination under section 503 (charge under the ADA). This 
notification shall state the date, place and circumstances of the 
alleged unlawful employment practice.
    (c) Pursuant to work-sharing agreements between EEOC and state and 
local agencies designated as FEP agencies, the deferral period for 
section 503 complaints/ADA charges dual filed with OFCCP will be waived.
    (d) OFCCP shall transfer promptly to EEOC a complaint of employment 
discrimination over which it does not have jurisdiction but over which 
EEOC may have jurisdiction. At the same time, OFCCP shall notify the 
complainant and the contractor/respondent of the transfer, the reason 
for the transfer, the location of the EEOC office to which the complaint 
was transferred and that the date OFCCP received the complaint will be 
deemed the date it was received by EEOC.
    (e) OFCCP shall investigate and process as set forth in this section 
all section 503 complaints/ADA charges dual filed with OFCCP, except as 
specifically provided in this paragraph. Section 503 complaints/ADA 
charges raising Priority List issues, those which also include 
allegations of discrimination of an individual nature on the basis of 
race, color, religion, sex, or national origin, and those which also 
include an allegation of discrimination on the basis of age will be 
referred in their entirety by OFCCP to EEOC for investigation, 
processing and final resolution, provided that such complaints/charges 
do not include allegations of violation of affirmative action 
requirements under section 503. In such a situation, OFCCP will 
bifurcate the complaints/charges and refer to EEOC the Priority List 
issues or allegations of discrimination on the basis of race, color, 
religion, sex, national origin, or age. OFCCP shall normally retain, 
investigate, process and resolve all allegations of discrimination, over 
which it has jurisdiction, of a systemic or class nature on the basis of 
race, color, religion, sex, or national origin that it receives. 
However, in appropriate cases the EEOC may request that it be referred 
such allegations so as to avoid duplication of effort and assure 
effective law enforcement.
    (1) No cause section 503 complaints/ADA charges. If the OFCCP 
investigation of the section 503 complaint/ADA charge results in a 
finding of no violation under section 503 (no cause under the ADA), 
OFCCP will issue a determination of no violation/no cause under both 
section 503 and the ADA, and issue a right-to-sue letter under the ADA, 
closing the complaint/charge.
    (2) Cause section 503 complaints/ADA charges--(i) Successful 
conciliation. If the OFCCP investigation of the section 503 complaint/
ADA charge results in a
finding of violation under section 503 (cause under the ADA), OFCCP will 
issue a finding of violation/cause under both section 503 and ADA. OFCCP 
shall attempt conciliation to obtain appropriate full relief for the 
complainant (charging party), consistent with EEOC's standards for 
remedies. If conciliation is successful and the contractor/respondent 
agrees to provide full relief, the section 503 complaint/ADA charge will 
be closed and the conciliation agreement will state that the complainant 
(charging party) agrees to waive the right to pursue the subject issues 
further under section 503 and/or the ADA.
    (ii) Unsuccessful conciliation. All section 503 complaints/ADA 
charges not successfully conciliated will be considered for OFCCP 
administrative litigation under section 503, consistent with OFCCP's 
usual procedures. (See 41 CFR part 60-741, subpart B.) If OFCCP pursues 
administrative litigation under section 503, OFCCP will close the 
complaint/charge at the conclusion of the litigation process (including 
the imposition of appropriate sanctions), unless the complaint/charge is 
dismissed on procedural grounds or because of a lack of jurisdiction, or 
the contractor/respondent fails to comply with an order to provide make 
whole relief. In these three cases, OFCCP will refer the matter to EEOC 
for any action it deems appropriate. If EEOC declines to pursue further 
action, it will issue a notice of right-to-sue. If OFCCP does not pursue 
administrative enforcement, it will close the section 503 component of 
the complaint/charge and refer the ADA charge component to EEOC for 
litigation review under the ADA. If EEOC declines to litigate, EEOC will 
close the ADA charge and issue a notice of right-to-sue.
    (f) Consistent with the ADA procedures set forth at 29 CFR 1601.28, 
OFCCP shall promptly issue upon request a notice of right-to-sue after 
180 days from the date the complaint/charge was filed. Issuance of a 
notice of right-to-sue shall terminate further OFCCP processing of any 
complaint/charge unless it is determined at that time or at a later time 
that it would effectuate the purposes of section 503 and/or the ADA to 
further process the complaint/charge.
    (g) If an individual who has already filed a section 503 complaint 
with OFCCP subsequently attempts to file or files an ADA charge with 
EEOC covering the same facts and issues, EEOC will decline to accept the 
charge (or, alternatively, dismiss a charge that has been filed) on the 
grounds that such charge has already been filed under the ADA, 
simultaneous with the filing of the earlier section 503 complaint, and 
will be processed by OFCCP in accordance with the provisions of this 
section.
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