(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
complainant;
(ii) Name and address of the contractor who committed the alleged
violation;
(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
disability;
(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.
