[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.702]

[Page 297-298]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1614_FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
    Subpart G_Procedures Under the Notification and Federal Employee 
      Antidiscrimination and Retaliation Act of 2002 (No FEAR Act)
 
Sec. 1614.702  Definitions.

    The following definitions apply for purposes of this subpart.
    (a) The term Federal agency or agency means an Executive agency (as 
defined in 5 U.S.C. 105), the United States Postal Service, and the 
Postal Rate Commission.
    (b) The term Commission means the Equal Employment Opportunity 
Commission and any subdivision thereof authorized to act on its behalf.
    (c) The term investigation refers to the step of the federal sector 
EEO process described in 29 CFR 1614.108 and 1614.106(e)(2) and, for 
purposes of this subpart, it commences when the complaint is filed and 
ceases when the complainant is given notice under Sec. 1614.108(f) of 
the right to request a hearing or to receive an immediate final decision 
without a hearing.
    (d) The term hearing refers to the step of the federal sector EEO 
process described in 29 CFR 1614.109 and, for purposes of Sec. 
1614.704(l)(2)(ii), it commences on the date the agency is informed by 
the complainant or EEOC, whichever occurs first, that the complainant 
has requested a hearing and ends on the date the agency receives from 
the EEOC notice that the EEOC Administrative Judge (AJ) is returning the 
case to the agency to take final action. For all other purposes under 
this subpart, a hearing commences when the AJ receives the complaint 
file from

[[Page 298]]

the agency and ceases when the AJ returns the case to the agency to take 
final action.
    (e) For purposes of Sec. 1614.704(i), (j), and (k) the phrase 
without a hearing refers to a final action by an agency that is 
rendered:
    (1) When an agency does not receive a reply to a notice issued under 
Sec. 1614.108(f);
    (2) After a complainant requests an immediate final decision;
    (3) After a complainant withdraws a request for a hearing; and
    (4) After an administrative judge cancels a hearing and remands the 
matter to the agency.
    (f) For purposes of Sec. 1614.704(i), (j), and (k), the term after 
a hearing refers to a final action by an agency that is rendered 
following a decision by an administrative judge under Sec. 
1614.109(f)(3)(iv), (g) or (i).
    (g) The phrase final action by an agency refers to the step of the 
federal sector EEO process described in 29 CFR 1614.110 and, for 
purposes of this subpart, it commences when the agency receives a 
decision by an Administrative Judge (AJ), receives a request from the 
complainant for an immediate final decision without a hearing or fails 
to receive a response to a notice issued under Sec. 1614.108(f) and 
ceases when the agency issues a final order or final decision on the 
complaint.
    (h) The phrase final action by an agency involving a finding of 
discrimination means:
    (1) A final order issued by an agency pursuant to Sec. 1614.110(a) 
following a finding of discrimination by an administrative judge; and
    (2) A final decision issued by an agency pursuant to Sec. 
1614.110(b) in which the agency finds discrimination.
    (i) The term appeal refers to the step of the federal sector EEO 
process described in 29 CFR 1614.401 and, for purposes of this subpart, 
it commences when the appeal is received by the Commission and ceases 
when the appellate decision is issued.
    (j) The term basis of alleged discrimination refers to the 
individual's protected status (i.e., race, color, religion, reprisal, 
sex, national origin, Equal Pay Act, age, or disability). Only those 
bases protected by Title VII of the Civil Rights Act of 1964, as 
amended, 42 U.S.C. 2000e et seq., the Equal Pay Act of 1963, 29 U.S.C. 
206(d), the Age Discrimination in Employment Act of 1967, as amended, 29 
U.S.C. 621 et seq., and the Rehabilitation Act of 1973, as amended, 29 
U.S.C. 791 et seq., are covered by the federal EEO process.
    (k) The term issue of alleged discrimination means one of the 
following challenged agency actions affecting a term or condition of 
employment as listed on EEOC Standard Form 462 (``Annual Federal Equal 
Employment Opportunity Statistical Report of Discrimination 
Complaints''): Appointment/hire; assignment of duties; awards; 
conversion to full time; disciplinary action/demotion; disciplinary 
action/reprimand; disciplinary action/suspension; disciplinary action/
removal; duty hours; evaluation/appraisal; examination/test; harassment/
non-sexual; harassment/sexual; medical examination; pay/overtime; 
promotion/non-selection; reassignment/denied; reassignment/directed; 
reasonable accommodation; reinstatement; retirement; termination; terms/
conditions of employment; time and attendance; training; and, other.
    (l) The term subordinate component refers to any organizational sub-
unit directly below the agency or department level which has 1,000 or 
more employees and is required to submit EEOC Form 715-01 to EEOC 
pursuant to EEOC Equal Employment Opportunity Management Directive 715.