skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.

Previous Section

Content Last Revised: 5/1/96

Next Section


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 60-741  

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities




Subpart D  

General Enforcement and Complaint Procedures

41 CFR 60-741.61 - Complaint procedures.

  • Section Number: 60-741.61
  • Section Name: Complaint procedures.

    (a) Coordination with other agencies. Pursuant to section 107(b) of 
the Americans with Disabilities Act of 1990 (ADA), OFCCP and the Equal 
Employment Opportunity Commission have promulgated regulations setting 
forth procedures governing the processing of complaints falling within 
the overlapping jurisdiction of both the act and title I of the ADA to 
ensure that such complaints are dealt with in a manner that avoids 
duplication of effort and prevents the imposition of inconsistent or 
conflicting standards. Complaints filed under this part will be 
processed in accordance with those regulations, which are found at 41 
CFR part 60-742, and with this part.
    (b) 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 with the Deputy 
Assistant Secretary alleging a violation of the act or the regulations 
in this part. The complaint may allege individual or class-wide 
violation(s). Complaints may be submitted to the OFCCP, 200 Constitution 
Avenue, N.W., Washington, D.C. 20210, or to any OFCCP regional, 
district, or area office. 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.
    (c) 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 
    (ii) Name and address of the contractor who committed the alleged 
    (iii) The facts showing that the individual is disabled or has a 
history of a disability or was regarded by the contractor as having a 
    (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 
(c)(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.
    (d) 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.
    (e) Investigations. The Department of Labor shall institute a prompt 
investigation of each complaint.
    (f) 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-
741.65(a)(l), 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. 60-741.62.
Previous Section

Next Section

Phone Numbers