[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.105]

[Page 260-261]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
    Subpart A--Agency Program To Promote Equal Employment Opportunity
 
Sec. 1614.105  Pre-complaint processing.

    (a) Aggrieved persons who believe they have been discriminated 
against on the basis of race, color, religion, sex, national origin, age 
or handicap must consult a Counselor prior to filing a complaint in 
order to try to informally resolve the matter.
    (1) An aggrieved person must initiate contact with a Counselor 
within 45 days of the date of the matter alleged to be discriminatory 
or, in the case of personnel action, within 45 days of the effective 
date of the action.
    (2) The agency or the Commission shall extend the 45-day time limit 
in paragraph (a)(1) of this section when the individual shows that he or 
she was not notified of the time limits and was not otherwise aware of 
them, that he or she did not know and reasonably should not have been 
known that the discriminatory matter or personnel action occurred, that 
despite due diligence he or she was prevented by circumstances beyond 
his or her control from contacting the counselor within the time limits, 
or for other reasons considered sufficient by the agency or the 
Commission.
    (b)(1) At the initial counseling session, Counselors must advise 
individuals in writing of their rights and responsibilities, including 
the right to request a hearing or an immediate final decision after an 
investigation by the agency in accordance with Sec. 1614.108(f), 
election rights pursuant to Secs. 1614.301 and 1614.302, the right to 
file a notice of intent to sue pursuant to Sec. 1614.201(a) and a 
lawsuit under the ADEA instead of an administrative complaint of age 
discrimination under this part, the duty to mitigate damages, 
administrative and court time frames, and that only the claims raised in 
precomplaint counseling (or issues or claims like or related to issues 
or claims raised in pre-complaint counseling) may be alleged in a 
subsequent complaint filed

[[Page 261]]

with the agency. Counselors must advise individuals of their duty to 
keep the agency and Commission informed of their current address and to 
serve copies of appeal papers on the agency. The notice required by 
paragraphs (d) or (e) of this section shall include a notice of the 
right to file a class complaint. If the aggrieved person informs the 
Counselor that he or she wishes to file a class complaint, the Counselor 
shall explain the class complaint procedures and the responsibilities of 
a class agent.
    (2) Counselors shall advise aggrieved persons that, where the agency 
agrees to offer ADR in the particular case, they may choose between 
participation in the alternative dispute resolution program and the 
counseling activities provided for in paragraph (c) of this section.
    (c) Counselors shall conduct counseling activities in accordance 
with instructions contained in Commission Management Directives. When 
advised that a complaint has been filed by an aggrieved person, the 
Counselor shall submit a written report within 15 days to the agency 
office that has been designated to accept complaints and the aggrieved 
person concerning the issues discussed and actions taken during 
counseling.
    (d) Unless the aggrieved person agrees to a longer counseling period 
under paragraph (e) of this section, or the aggrieved person chooses an 
alternative dispute resolution procedure in accordance with paragraph 
(b)(2) of this section, the Counselor shall conduct the final interview 
with the aggrieved person within 30 days of the date the aggrieved 
person contacted the agency's EEO office to request counseling. If the 
matter has not been resolved, the aggrieved person shall be informed in 
writing by the Counselor, not later than the thirtieth day after 
contacting the Counselor, of the right to file a discrimination 
complaint. The notice shall inform the complainant of the right to file 
a discrimination complaint within 15 days of receipt of the notice, of 
the appropriate official with whom to file a complaint and of the 
complainant's duty to assure that the agency is informed immediately if 
the complainant retains counsel or a representative.
    (e) Prior to the end of the 30-day period, the aggrieved person may 
agree in writing with the agency to postpone the final interview and 
extend the counseling period for an additional period of no more than 60 
days. If the matter has not been resolved before the conclusion of the 
agreed extension, the notice described in paragraph (d) of this section 
shall be issued.
    (f) Where the aggrieved person chooses to participate in an 
alternative dispute resolution procedure in accordance with paragraph 
(b)(2) of this section, the pre-complaint processing period shall be 90 
days. If the claim has not been resolved before the 90th day, the notice 
described in paragraph (d) of this section shall be issued.
    (g) The Counselor shall not attempt in any way to restrain the 
aggrieved person from filing a complaint. The Counselor shall not reveal 
the identity of an aggrieved person who consulted the Counselor, except 
when authorized to do so by the aggrieved person, or until the agency 
has received a discrimination complaint under this part from that person 
involving that same matter.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999]