(a) ADA cause charges falling within the jurisdiction of section 503
that the Commission has declined to litigate. ADA cause charges that
also fall within the jurisdiction of section 503 and that the Commission
has declined to litigate will be referred to OFCCP for review of the
file and any administrative action deemed appropriate under section 503.
Such charges will be considered to be complaints, simultaneously dual
filed under section 503, solely for the purposes of OFCCP review and
administrative action described in this paragraph.
(b) ADA charges which also include allegations of failure to comply
with section 503 affirmative action requirements. ADA charges filed with
EEOC, in which both allegations of discrimination under the ADA and
violation of affirmative action requirements under section 503 are made,
will be referred in their entirety to OFCCP for processing and
resolution under section 503 and the ADA, unless the charges also
include allegations of discrimination on the basis of race, color,
religion, sex, national origin or age, or include allegations involving
Priority List issues, or the charges are otherwise deemed of particular
importance to EEOC's enforcement of the ADA. In such situations, EEOC
will bifurcate the charges and retain the ADA component of the charges
(and when applicable, the allegations pertaining to discrimination on
the basis of race, color, religion, sex, national origin or age),
referring the section 503 affirmative action component of the charges to
OFCCP for processing and resolution
under section 503. ADA charges which raise both discrimination issues
under the ADA and section 503 affirmative action issues will be
considered complaints, simultaneously dual filed under section 503,
solely for the purposes of referral to OFCCP for processing, as
described in this paragraph.
(c) EEOC shall transfer promptly to OFCCP a charge of disability-
related employment discrimination over which it does not have
jurisdiction, but over which OFCCP may have jurisdiction. At the same
time, EEOC shall notify the charging party and the contractor/respondent
of the transfer, the reason for the transfer, the location of the OFCCP
office to which the charge was transferred and that the date EEOC
received the charge will be deemed the date it was received by OFCCP.
(d) Except as otherwise stated in paragraphs (a) and (b) of this
section, individuals alleging violations of laws enforced by DOL and
over which EEOC has no jurisdiction will be referred to DOL to file a
complaint.
(e) If an individual who has already filed an ADA charge with EEOC
subsequently attempts to file or files a section 503 complaint with
OFCCP covering the same facts and issues, OFCCP will accept the
complaint, but will adopt as a disposition of the complaint EEOC's
resolution of the ADA charge (including EEOC's termination of
proceedings upon its issuance of a notice of right-to-sue).
