Equal Employment Opportunity Comm.
all official correspondence shall be
with the representative with copies to
the complainant. When the complainant designates an attorney as representative, service of all official correspondence shall be made on the attorney and the complainant, but time
frames for receipt of materials shall be
computed from the time of receipt by
the attorney. The complainant must
serve all official correspondence on the
designated representative of the agency.
(e) The Complainant shall at all
times be responsible for proceeding
with the complaint whether or not he
or she has designated a representative.
(f) Witnesses who are Federal employees, regardless of their tour of duty
and regardless of whether they are employed by the respondent agency or
some other Federal agency, shall be in
a duty status when their presence is
authorized or required by Commission
or agency officials in connection with a
complaint.
[57 FR 12646, Apr. 10, 1992, as amended at 64
FR 37661, July 12, 1999]
§ 1614.606 Joint processing and consolidation of complaints.
Complaints of discrimination filed by
two or more complainants consisting of
substantially similar allegations of discrimination or relating to the same
matter may be consolidated by the
agency or the Commission for joint
processing after appropriate notification to the parties. Two or more complaints of discrimination filed by the
same complainant shall be consolidated by the agency for joint processing after appropriate notification to
the complainant. When a complaint
has been consolidated with one or more
earlier filed complaints, the agency
shall complete its investigation within
the earlier of 180 days after the filing of
the last complaint or 360 days after the
filing of the original complaint, except
that the complainant may request a
hearing from an administrative judge
on the consolidated complaints any
time after 180 days from the date of the
first filed complaint. Administrative
judges or the Commission may, in their
discretion, consolidate two or more
§ 1614.702
complaints of discrimination filed by
the same complainant.
[64 FR 37661, July 12, 1999]
§ 1614.607
Delegation of authority.
An agency head may delegate authority under this part, to one or more designees.
Subpart G—Procedures Under the
Notification and Federal Employee Antidiscrimination and
Retaliation Act (No Fear Act)
of 2002
AUTHORITY: Sec. 303, Pub. L. 107–174, 116
Stat. 574.
SOURCE: 69 FR 3489, Jan. 26, 2004, unless
otherwise noted.
§ 1614.701
Purpose and scope.
This subpart implements Title III of
the Notification and Federal Employee
Antidiscrimination and Retaliation
Act of 2002 (No Fear Act), Public Law
107–174. It sets forth the basic responsibilities of federal agencies and the
Commission to post certain information on their public Web sites.
§ 1614.702
Definitions.
The following definitions apply for
purposes of this subpart:
(a) The term Federal 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, for
purposes of this subpart, it commences
when the complaint is filed and ceases
when the complainant is given notice
under § 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 this subpart, it commences
when the EEOC Administrative Judge
(AJ) receives the complaint file from
297
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Equal Employment Opportunity Comm.
all official correspondence shall be
with the representative with copies to
the complainant. When the complainant designates an attorney as representative, service of all official correspondence shall be made on the attorney and the complainant, but time
frames for receipt of materials shall be
computed from the time of receipt by
the attorney. The complainant must
serve all official correspondence on the
designated representative of the agency.
(e) The Complainant shall at all
times be responsible for proceeding
with the complaint whether or not he
or she has designated a representative.
(f) Witnesses who are Federal employees, regardless of their tour of duty
and regardless of whether they are employed by the respondent agency or
some other Federal agency, shall be in
a duty status when their presence is
authorized or required by Commission
or agency officials in connection with a
complaint.
[57 FR 12646, Apr. 10, 1992, as amended at 64
FR 37661, July 12, 1999]
§ 1614.606 Joint processing and consolidation of complaints.
Complaints of discrimination filed by
two or more complainants consisting of
substantially similar allegations of discrimination or relating to the same
matter may be consolidated by the
agency or the Commission for joint
processing after appropriate notification to the parties. Two or more complaints of discrimination filed by the
same complainant shall be consolidated by the agency for joint processing after appropriate notification to
the complainant. When a complaint
has been consolidated with one or more
earlier filed complaints, the agency
shall complete its investigation within
the earlier of 180 days after the filing of
the last complaint or 360 days after the
filing of the original complaint, except
that the complainant may request a
hearing from an administrative judge
on the consolidated complaints any
time after 180 days from the date of the
first filed complaint. Administrative
judges or the Commission may, in their
discretion, consolidate two or more
§ 1614.702
complaints of discrimination filed by
the same complainant.
[64 FR 37661, July 12, 1999]
§ 1614.607
Delegation of authority.
An agency head may delegate authority under this part, to one or more designees.
Subpart G—Procedures Under the
Notification and Federal Employee Antidiscrimination and
Retaliation Act (No Fear Act)
of 2002
AUTHORITY: Sec. 303, Pub. L. 107–174, 116
Stat. 574.
SOURCE: 69 FR 3489, Jan. 26, 2004, unless
otherwise noted.
§ 1614.701
Purpose and scope.
This subpart implements Title III of
the Notification and Federal Employee
Antidiscrimination and Retaliation
Act of 2002 (No Fear Act), Public Law
107–174. It sets forth the basic responsibilities of federal agencies and the
Commission to post certain information on their public Web sites.
§ 1614.702
Definitions.
The following definitions apply for
purposes of this subpart:
(a) The term Federal 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, for
purposes of this subpart, it commences
when the complaint is filed and ceases
when the complainant is given notice
under § 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 this subpart, it commences
when the EEOC Administrative Judge
(AJ) receives the complaint file from
297
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§ 1614.703
29 CFR Ch. XIV (7–1–06 Edition)
the agency and ceases when the AJ returns the case to the agency to take
final action;
(e) For purposes of § 1614.704(h), (i)
and (j), 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
§ 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 § 1614.704(h), (i) and
(j), the term after a hearing refers to a
final action by an agency that is rendered following a decision by an administrative judge under § 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 § 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 § 1614.110(a) following a
finding of discrimination by an administrative judge; and
(2) A final decision issued by an agency pursuant to § 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,
sex, national origin, age, disability, or
retaliation). Only those bases protected
by Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e et seq.;
the Age Discrimination in Employment
Act of 1967, as amended, 29 U.S.C. 621 et
seq.; the Equal Pay Act of 1963, 29
U.S.C. 206(d); 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 subelement refers to any
organizational sub-unit directly below
the agency or department level which
has 1,000 or more employees.
§ 1614.703
Manner and format of data.
(a) Agencies shall post their statistical data in the following two formats:
Portable Document Format (PDF) and
an accessible text format that complies
with section 508 of the Rehabilitation
Act.
(b) Agencies shall prominently post
the date they last updated the statistical information on the Web site location containing the statistical data.
(c) In addition to providing aggregate
agency-wide data, each agency shall include separate data for each subelement listed in § 1614.702(l). Such data
shall be identified as pertaining to the
particular subelement.
(d) Data posted under this subpart
will be titled ‘‘Equal Employment Opportunity Data Posted Pursuant to the
No Fear Act’’ and a hyperlink to the
data will be posted prominently on the
homepage of each agency’s public Web
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§ 1614.703
29 CFR Ch. XIV (7–1–06 Edition)
the agency and ceases when the AJ returns the case to the agency to take
final action;
(e) For purposes of § 1614.704(h), (i)
and (j), 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
§ 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 § 1614.704(h), (i) and
(j), the term after a hearing refers to a
final action by an agency that is rendered following a decision by an administrative judge under § 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 § 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 § 1614.110(a) following a
finding of discrimination by an administrative judge; and
(2) A final decision issued by an agency pursuant to § 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,
sex, national origin, age, disability, or
retaliation). Only those bases protected
by Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e et seq.;
the Age Discrimination in Employment
Act of 1967, as amended, 29 U.S.C. 621 et
seq.; the Equal Pay Act of 1963, 29
U.S.C. 206(d); 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 subelement refers to any
organizational sub-unit directly below
the agency or department level which
has 1,000 or more employees.
§ 1614.703
Manner and format of data.
(a) Agencies shall post their statistical data in the following two formats:
Portable Document Format (PDF) and
an accessible text format that complies
with section 508 of the Rehabilitation
Act.
(b) Agencies shall prominently post
the date they last updated the statistical information on the Web site location containing the statistical data.
(c) In addition to providing aggregate
agency-wide data, each agency shall include separate data for each subelement listed in § 1614.702(l). Such data
shall be identified as pertaining to the
particular subelement.
(d) Data posted under this subpart
will be titled ‘‘Equal Employment Opportunity Data Posted Pursuant to the
No Fear Act’’ and a hyperlink to the
data will be posted prominently on the
homepage of each agency’s public Web
298
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Equal Employment Opportunity Comm.
site. In the case of agencies with subelements, the data shall be made available by hyperlinks from the Web sites
of both the subelement (if one exists)
as well as the parent agency.
(e) Agencies must post cumulative
data pursuant to § 1614.704 for the current fiscal year. Agencies may not post
separate quarterly statistics for the
current fiscal year.
§ 1614.704 Information to be posted—
all Federal agencies.
Commencing on January 31, 2004 and
thereafter no later than 30 days after
the end of each fiscal quarter beginning
on or after January 1, 2004, each federal
agency must post the following current
fiscal year statistics on its public
Internet Web site regarding EEO complaints filed under 29 CFR part 1614:
(a) The number of complaints filed in
such fiscal year;
(b) The number of individuals filing
those complaints (including as the
agent of a class);
(c) The number of individuals who
filed two or more of those complaints;
(d) The number of those complaints
raising each of the various bases of alleged discrimination and the number of
complaints in which a non-EEO basis is
alleged;
(e) The number of those complaints
raising each of the various issues of alleged discrimination;
(f) The average length of time it has
taken an agency to complete respectively investigation and final action by
an agency for:
(1) All complaints pending for any
length of time during such fiscal year,
(2) All complaints pending for any
length of time during such fiscal year
in which a hearing was not requested
and
(3) All complaints pending for any
length of time during such fiscal year
in which a hearing was requested;
(g) The number of complaints dismissed by an agency pursuant to 29
CFR 1614.107(a), and the average length
of time such complaints had been pending prior to dismissal;
(h)(1) The total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination and, of that number,
§ 1614.705
(2) The number and percentage that
were rendered without a hearing and
(3) The number and percentage that
were rendered after a hearing;
(i) Of the total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination,
(1) The number and percentage of
those based on each respective basis,
(2) The number and percentage for
each respective basis that were rendered without a hearing and
(3) The number and percentage for
each respective basis that were rendered after a hearing;
(j) Of the total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination,
(1) The number and percentage for
each respective issue,
(2) The number and percentage for
each respective issue that were rendered without a hearing and
(3) The number and percentage for
each respective issue that were rendered after a hearing;
(k) Of the total number of complaints
pending for any length of time in such
fiscal year,
(1) The number that were first filed
before the start of the then current fiscal year,
(2) The number of individuals who
filed those complaints in earlier years,
and
(3) The number of those complaints
that are respectively pending at the investigation, hearing, final action by an
agency, and appeal step of the process;
and
(l) Of the total number of complaints
pending for any length of time in such
fiscal year, the total number of complaints in which the agency has not
completed its investigation within the
time required by 29 CFR 1614.106(e)(2)
plus any extensions authorized by that
section or § 1614.108(e).
§ 1614.705 Comparative data—all Federal agencies.
Commencing on January 31, 2004 and
no later than January 31 of each year
thereafter, each federal agency shall
post year-end data corresponding to
that required to be posted by § 1614.704
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Equal Employment Opportunity Comm.
site. In the case of agencies with subelements, the data shall be made available by hyperlinks from the Web sites
of both the subelement (if one exists)
as well as the parent agency.
(e) Agencies must post cumulative
data pursuant to § 1614.704 for the current fiscal year. Agencies may not post
separate quarterly statistics for the
current fiscal year.
§ 1614.704 Information to be posted—
all Federal agencies.
Commencing on January 31, 2004 and
thereafter no later than 30 days after
the end of each fiscal quarter beginning
on or after January 1, 2004, each federal
agency must post the following current
fiscal year statistics on its public
Internet Web site regarding EEO complaints filed under 29 CFR part 1614:
(a) The number of complaints filed in
such fiscal year;
(b) The number of individuals filing
those complaints (including as the
agent of a class);
(c) The number of individuals who
filed two or more of those complaints;
(d) The number of those complaints
raising each of the various bases of alleged discrimination and the number of
complaints in which a non-EEO basis is
alleged;
(e) The number of those complaints
raising each of the various issues of alleged discrimination;
(f) The average length of time it has
taken an agency to complete respectively investigation and final action by
an agency for:
(1) All complaints pending for any
length of time during such fiscal year,
(2) All complaints pending for any
length of time during such fiscal year
in which a hearing was not requested
and
(3) All complaints pending for any
length of time during such fiscal year
in which a hearing was requested;
(g) The number of complaints dismissed by an agency pursuant to 29
CFR 1614.107(a), and the average length
of time such complaints had been pending prior to dismissal;
(h)(1) The total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination and, of that number,
§ 1614.705
(2) The number and percentage that
were rendered without a hearing and
(3) The number and percentage that
were rendered after a hearing;
(i) Of the total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination,
(1) The number and percentage of
those based on each respective basis,
(2) The number and percentage for
each respective basis that were rendered without a hearing and
(3) The number and percentage for
each respective basis that were rendered after a hearing;
(j) Of the total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination,
(1) The number and percentage for
each respective issue,
(2) The number and percentage for
each respective issue that were rendered without a hearing and
(3) The number and percentage for
each respective issue that were rendered after a hearing;
(k) Of the total number of complaints
pending for any length of time in such
fiscal year,
(1) The number that were first filed
before the start of the then current fiscal year,
(2) The number of individuals who
filed those complaints in earlier years,
and
(3) The number of those complaints
that are respectively pending at the investigation, hearing, final action by an
agency, and appeal step of the process;
and
(l) Of the total number of complaints
pending for any length of time in such
fiscal year, the total number of complaints in which the agency has not
completed its investigation within the
time required by 29 CFR 1614.106(e)(2)
plus any extensions authorized by that
section or § 1614.108(e).
§ 1614.705 Comparative data—all Federal agencies.
Commencing on January 31, 2004 and
no later than January 31 of each year
thereafter, each federal agency shall
post year-end data corresponding to
that required to be posted by § 1614.704
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Equal Employment Opportunity Comm.
site. In the case of agencies with subelements, the data shall be made available by hyperlinks from the Web sites
of both the subelement (if one exists)
as well as the parent agency.
(e) Agencies must post cumulative
data pursuant to § 1614.704 for the current fiscal year. Agencies may not post
separate quarterly statistics for the
current fiscal year.
§ 1614.704 Information to be posted—
all Federal agencies.
Commencing on January 31, 2004 and
thereafter no later than 30 days after
the end of each fiscal quarter beginning
on or after January 1, 2004, each federal
agency must post the following current
fiscal year statistics on its public
Internet Web site regarding EEO complaints filed under 29 CFR part 1614:
(a) The number of complaints filed in
such fiscal year;
(b) The number of individuals filing
those complaints (including as the
agent of a class);
(c) The number of individuals who
filed two or more of those complaints;
(d) The number of those complaints
raising each of the various bases of alleged discrimination and the number of
complaints in which a non-EEO basis is
alleged;
(e) The number of those complaints
raising each of the various issues of alleged discrimination;
(f) The average length of time it has
taken an agency to complete respectively investigation and final action by
an agency for:
(1) All complaints pending for any
length of time during such fiscal year,
(2) All complaints pending for any
length of time during such fiscal year
in which a hearing was not requested
and
(3) All complaints pending for any
length of time during such fiscal year
in which a hearing was requested;
(g) The number of complaints dismissed by an agency pursuant to 29
CFR 1614.107(a), and the average length
of time such complaints had been pending prior to dismissal;
(h)(1) The total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination and, of that number,
§ 1614.705
(2) The number and percentage that
were rendered without a hearing and
(3) The number and percentage that
were rendered after a hearing;
(i) Of the total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination,
(1) The number and percentage of
those based on each respective basis,
(2) The number and percentage for
each respective basis that were rendered without a hearing and
(3) The number and percentage for
each respective basis that were rendered after a hearing;
(j) Of the total number of final actions by an agency rendered in such fiscal year involving a finding of discrimination,
(1) The number and percentage for
each respective issue,
(2) The number and percentage for
each respective issue that were rendered without a hearing and
(3) The number and percentage for
each respective issue that were rendered after a hearing;
(k) Of the total number of complaints
pending for any length of time in such
fiscal year,
(1) The number that were first filed
before the start of the then current fiscal year,
(2) The number of individuals who
filed those complaints in earlier years,
and
(3) The number of those complaints
that are respectively pending at the investigation, hearing, final action by an
agency, and appeal step of the process;
and
(l) Of the total number of complaints
pending for any length of time in such
fiscal year, the total number of complaints in which the agency has not
completed its investigation within the
time required by 29 CFR 1614.106(e)(2)
plus any extensions authorized by that
section or § 1614.108(e).
§ 1614.705 Comparative data—all Federal agencies.
Commencing on January 31, 2004 and
no later than January 31 of each year
thereafter, each federal agency shall
post year-end data corresponding to
that required to be posted by § 1614.704
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§ 1614.706
29 CFR Ch. XIV (7–1–06 Edition)
for each of the five immediately preceding fiscal years (or, if not available
for all five fiscal years, for however
many of those five fiscal years for
which data are available). For each
category of data, the agency shall post
a separate figure for each year.
§ 1614.706 Additional data to be posted
by EEOC.
(a) Commencing on January 31, 2004
and thereafter no later than 30 days
after the end of each fiscal quarter beginning on or after January 1, 2004, the
Commission must post the following
current fiscal year statistics on its
public Internet Web site regarding
hearings requested under this part 1614:
(1) The number of hearings requested
in such fiscal year;
(2) The number of individuals filing
those requests;
(3) The number of individuals who
filed two or more of those requests;
(4) The number of those hearing requests involving each of the various
bases of alleged discrimination;
(5) The number of those hearing requests involving each of the various
issues of alleged discrimination;
(6) The average length of time it has
taken EEOC to complete the hearing
step for all cases pending at the hearing step for any length of time during
such fiscal year;
(7)(i) The total number of administrative judge (AJ) decisions rendered in
such fiscal year involving a finding of
discrimination and, of that number,
(ii) The number and percentage that
were rendered without a hearing, and
(iii) The number and percentage that
were rendered after a hearing;
(8) Of the total number of AJ decisions rendered in such fiscal year involving a finding of discrimination,
(i) The number and percentage of
those based on each respective basis,
(ii) The number and percentage for
each respective basis that were rendered without a hearing, and
(iii) The number and percentage for
each respective basis that were rendered after a hearing;
(9) Of the total number of AJ decisions rendered in such fiscal year involving a finding of discrimination,
(i) The number and percentage for
each respective issue,
(ii) The number and percentage for
each respective issue that were rendered without a hearing, and
(iii) The number and percentage for
each respective issue that were rendered after a hearing;
(10) Of the total number of hearing
requests pending for any length of time
in such fiscal year,
(i) The number that were first filed
before the start of the then current fiscal year, and
(ii) The number of individuals who
filed those hearing requests in earlier
years; and
(11) Of the total number of hearing
requests pending for any length of time
in such fiscal year, the total number in
which the Commission failed to complete the hearing step within the time
required by § 1614.109(i).
(b) Commencing on January 31, 2004
and thereafter no later than 30 days
after the end of each fiscal quarter beginning on or after January 1, 2004, the
Commission must post the following
current fiscal year statistics on its
public Internet Web site regarding EEO
appeals filed under this part 1614:
(1) The number of appeals filed in
such fiscal year;
(2) The number of individuals filing
those appeals (including as the agent of
a class);
(3) The number of individuals who
filed two or more of those appeals;
(4) The number of those appeals raising each of the various bases of alleged
discrimination;
(5) The number of those appeals raising each of the various issues of alleged
discrimination;
(6) The average length of time it has
taken EEOC to issue appellate decisions for:
(i) All appeals pending for any length
of time during such fiscal year,
(ii) All appeals pending for any
length of time during such fiscal year
in which a hearing was not requested,
and
(iii) All appeals pending for any
length of time during such fiscal year
in which a hearing was requested;
(7)(i) The total number of appellate
decisions rendered in such fiscal year
involving a finding of discrimination
and, of that number,
300
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§ 1614.706
29 CFR Ch. XIV (7–1–06 Edition)
for each of the five immediately preceding fiscal years (or, if not available
for all five fiscal years, for however
many of those five fiscal years for
which data are available). For each
category of data, the agency shall post
a separate figure for each year.
§ 1614.706 Additional data to be posted
by EEOC.
(a) Commencing on January 31, 2004
and thereafter no later than 30 days
after the end of each fiscal quarter beginning on or after January 1, 2004, the
Commission must post the following
current fiscal year statistics on its
public Internet Web site regarding
hearings requested under this part 1614:
(1) The number of hearings requested
in such fiscal year;
(2) The number of individuals filing
those requests;
(3) The number of individuals who
filed two or more of those requests;
(4) The number of those hearing requests involving each of the various
bases of alleged discrimination;
(5) The number of those hearing requests involving each of the various
issues of alleged discrimination;
(6) The average length of time it has
taken EEOC to complete the hearing
step for all cases pending at the hearing step for any length of time during
such fiscal year;
(7)(i) The total number of administrative judge (AJ) decisions rendered in
such fiscal year involving a finding of
discrimination and, of that number,
(ii) The number and percentage that
were rendered without a hearing, and
(iii) The number and percentage that
were rendered after a hearing;
(8) Of the total number of AJ decisions rendered in such fiscal year involving a finding of discrimination,
(i) The number and percentage of
those based on each respective basis,
(ii) The number and percentage for
each respective basis that were rendered without a hearing, and
(iii) The number and percentage for
each respective basis that were rendered after a hearing;
(9) Of the total number of AJ decisions rendered in such fiscal year involving a finding of discrimination,
(i) The number and percentage for
each respective issue,
(ii) The number and percentage for
each respective issue that were rendered without a hearing, and
(iii) The number and percentage for
each respective issue that were rendered after a hearing;
(10) Of the total number of hearing
requests pending for any length of time
in such fiscal year,
(i) The number that were first filed
before the start of the then current fiscal year, and
(ii) The number of individuals who
filed those hearing requests in earlier
years; and
(11) Of the total number of hearing
requests pending for any length of time
in such fiscal year, the total number in
which the Commission failed to complete the hearing step within the time
required by § 1614.109(i).
(b) Commencing on January 31, 2004
and thereafter no later than 30 days
after the end of each fiscal quarter beginning on or after January 1, 2004, the
Commission must post the following
current fiscal year statistics on its
public Internet Web site regarding EEO
appeals filed under this part 1614:
(1) The number of appeals filed in
such fiscal year;
(2) The number of individuals filing
those appeals (including as the agent of
a class);
(3) The number of individuals who
filed two or more of those appeals;
(4) The number of those appeals raising each of the various bases of alleged
discrimination;
(5) The number of those appeals raising each of the various issues of alleged
discrimination;
(6) The average length of time it has
taken EEOC to issue appellate decisions for:
(i) All appeals pending for any length
of time during such fiscal year,
(ii) All appeals pending for any
length of time during such fiscal year
in which a hearing was not requested,
and
(iii) All appeals pending for any
length of time during such fiscal year
in which a hearing was requested;
(7)(i) The total number of appellate
decisions rendered in such fiscal year
involving a finding of discrimination
and, of that number,
300
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Equal Employment Opportunity Comm.
(ii) The number and percentage that
involved a final action by an agency
rendered without a hearing, and
(iii) The number and percentage that
involved a final action by an agency
after a hearing;
(8) Of the total number of appellate
decisions rendered in such fiscal year
involving a finding of discrimination,
(i) The number and percentage of
those based on each respective basis of
discrimination,
(ii) The number and percentage for
each respective basis that involved a
final action by an agency rendered
without a hearing, and
(iii) The number and percentage for
each respective basis that involved a
final action by an agency rendered
after a hearing;
(9) Of the total number of appellate
decisions rendered in such fiscal year
involving a finding of discrimination,
(i) The number and percentage for
each respective issue of discrimination,
(ii) The number and percentage for
each respective issue that involved a
final action by an agency rendered
without a hearing, and
(iii) The number and percentage for
each respective issue that involved a
final action by an agency rendered
after a hearing; and
(10) Of the total number of appeals
pending for any length of time in such
fiscal year,
(i) The number that were first filed
before the start of the then current fiscal year, and
(ii) The number of individuals who
filed those appeals in earlier years.
PART 1615—ENFORCEMENT OF
NONDISCRIMINATION ON THE
BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Sec.
1615.101 Purpose.
1615.102 Application.
1615.103 Definitions.
1615.104–1615.109 [Reserved]
1615.110 Self-evaluation.
1615.111 Notice.
1615.112–1615.129 [Reserved]
§ 1615.103
1615.130 General prohibitions against discrimination.
1615.131–1615.139 [Reserved]
1615.140 Employment.
1615.141–1615.148 [Reserved]
1615.149 Program accessibility: Discrimination prohibited.
1615.150 Program accessibility: Existing facilities.
1615.151 Program accessibility: New construction and alterations.
1615.152–1615.159 [Reserved]
1615.160 Communications.
1615.161–1615.169 [Reserved]
1615.170 Compliance procedures.
1615.171–1615.999 [Reserved]
AUTHORITY: 29 U.S.C. 794.
SOURCE: 54 FR 22749, May 26, 1989, unless
otherwise noted.
§ 1615.101 Purpose.
The purpose of this part is to effectuate section 119 of the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Amendments of
1978, which amended section 504 of the
Rehabilitation Act of 1973 to prohibit
discrimination on the basis of handicap
in programs or activities conducted by
Executive agencies or the United
States Postal Service.
§ 1615.102 Application.
This part applies to all programs or
activities conducted by the Commission.
§ 1615.103 Definitions.
For purposes of this part, the term—
Assistant Attorney General means the
Assistant Attorney General, Civil
Rights Division, United States Department of Justice.
Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking
skills to have an equal opportunity to
participate in, and enjoy the benefits
of, programs or activities conducted by
the Commission. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled
materials, audio recordings, and other
similar services and devices. Auxiliary
aids useful for persons with impaired
hearing include telephone handset amplifiers, telephones compatible with
hearing aids, telecommunication devices for deaf persons (TDD’s), interpreters, notetakers, written materials,
301
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