EQUAL EMPLOYMENT OPPORTUNITY

EQUAL EMPLOYMENT OPPORTUNITY . . . COMPLAINT PROCESSING

Library of Congress, Washington, D.C. and Local 2477, American Federation of Government Employees, AFL-CIO, Case No. 01 FSIP 6, April 2, 2001 (Release No. 439).

The AGENCY proposed the following:

At the time the formal complaint is filed, the agency will issue a letter to the employee acknowledging that the employee has the right to sue in Federal court after 180 days, if the complaint has not been satisfactorily resolved. Additionally, the Library will issue another notice to the complainant of the right to sue in Federal court at the end of the 180-day period, if no settlement or final agency decision has been rendered.

The UNION proposed the following:

Pursuant to Section 11 of LCR 2010-3.1, and consistent with Section 717 of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. Section 2000e-16, the Librarian will issue a final agency decision on a complaint of discrimination to the Equal Employment Opportunity Complaints Office (EEOCO). In the event the complainant has requested a hearing in order to appeal to the EEOCO Chief's decision under Section 9 of LCR 2010-3.1, the 180 days may be extended for not more than an additional 90 days after notice to the complainant and the Union.

The PANEL ordered the parties to adopt the following modified version of the AGENCY's proposal:

At the time the formal complaint is filed, the agency will issue a letter to the employee acknowledging that the employee has the right to sue in Federal court after 180 days, if the complaint has not been satisfactorily resolved. Additionally, at the end of the 180-day period, the Library will issue another notice to the complainant of the right to sue in Federal court, if no settlement or final agency decision has been rendered.