Management Directive 110
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
EQUAL EMPLOYMENT OPPORTUNITY
MANAGEMENT DIRECTIVE FOR
29 C.F.R. PART 1614 (EEO-MD-110),
AS REVISED, AUGUST 5, 2015
U.S. Equal Employment Opportunity Commission AND AGENCY AUTHORITY AND RESPONSIBILITY [1-1]
- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION [1-1]
- FEDERAL AGENCY [1-2]
- EEO DIRECTOR'S INDEPENDENT AUTHORITY AND REPORTING RELATIONSHIPS [1-4]
- AVOIDING CONFLICTS OF INTEREST [1-5]
- DELEGATION OF AUTHORITY TO RESOLVE DISPUTES [1-10]
- EEO OFFICIALS CANNOT SERVE AS REPRESENTATIVES [1-10]
- SPECIAL EMPHASIS PROGRAM [1-10]
- AGENCY STATISTICAL REPORTING REQUIREMENTS FOR THE COMPLAINT PROCESS [1-11]
- Annual Federal Equal Employment Opportunity Statistical Report of Discrimination Complaints [1-11]
- Quarterly and Fiscal Year EEO Complaint Statistics Required by Title III of the No FEAR Act [1-11]
- Annual Report to Congress, the Commission, and the U.S. Attorney General Required by Title II of the No FEAR Act [1-11]
- PROGRAM REVIEW PROCEDURES FOR COMPLIANCE [1-12]
- Pilot Projects [1-14]
EQUAL EMPLOYMENT OPPORTUNITY PRE-COMPLAINT PROCESSING [2-1]
- INTRODUCTION [2-1]
- MANDATORY EEO COUNSELOR TRAINING REQUIREMENTS [2-3]
- THE ROLES AND RESPONSIBILITIES OF AN EEO COUNSELOR [2-5]
- INITIAL INTERVIEW SESSION [2-7]
- THE LIMITED INQUIRY [2-12]
- RESOLUTION [2-14]
- THE EEO ADR PROGRAM [2-15]
- FINAL INTERVIEW [2-17]
- Right to Pursue the Claim Through the Formal Process [2-18]
- Requirements of the Formal Complaint [2-18]
- Time Frames to Complete the Final Interview [2-19]
- Name(s) of Person(s) Authorized to Receive Complaints [2-19]
- Loss of Confidentiality During Formal Process [2-19]
- Written Notice of Right to File a Discrimination Complaint [2-20]
- THE EEO COUNSELOR'S REPORT [2-20]
- COUNSELING CLASS ACTION COMPLAINTS [2-22]
ALTERNATIVE DISPUTE RESOLUTION FOR EEO MATTERS [3-1]
- INTRODUCTION [3-1]
- CORE PRINCIPLES OF EEO ADR [3-2]
- DEVELOPING AN EEO ADR PROGRAM [3-6]
- Written Procedures [3-6]
- EEO ADR Throughout the EEO Process [3-7]
- Matters Inappropriate for EEO ADR [3-8]
- Dealing with Non-EEO Issues [3-8]
- Choosing Among EEO ADR Techniques [3-8]
- Time Frames of the EEO ADR Process [3-9]
- Representation of the Parties [3-9]
- Spin-Off Complaints [3-9]
- Collective Bargaining Agreements and the Privacy Act [3-9]
- Recordkeeping [3-10]
- Independent ADR Office [3-10]
- PROVIDING INFORMATION [3-11]
- NEUTRALS [3-13]
- ADR TECHNIQUES [3-17]
- RESOLUTIONS MUST BE IN WRITING [3-18]
PROCEDURES FOR RELATED PROCESSES [4-1]
- INTRODUCTION [4-1]
- MIXED CASE COMPLAINTS AND APPEALS - 29 C.F.R. § 1614.302 [4-1]
- NEGOTIATED GRIEVANCE PROCEDURES - 29 C.F.R. § 1614.301 [4-5]
- AGE DISCRIMINATION COMPLAINTS [4-6]
- EQUAL PAY ACT COMPLAINTS [4-9]
AGENCY PROCESSING OF FORMAL COMPLAINTS [5-1]
- AGENCY SHALL ACKNOWLEDGE FORMAL COMPLAINT [5-1]
- THE AGENCY SHALL ALSO PROVIDE OTHER INFORMATION AND NOTICE OF RIGHTS [5-2]
- AGENCIES MUST AVOID FRAGMENTING EEO COMPLAINTS [5-5]
- AGENCY DISMISSAL PROCESS [5-16]
- Bases for Dismissals That May Exist As of the Filing of the Complaint or Develop Thereafter [5-17]
- Dismissals that Generally Occur After the Agency Accepts the Complaint Based on Complainant's Actions or Inactions [5-27]
- Processing of Partially Dismissed Complaints [5-27]
- Allegations of Dissatisfaction Regarding Processing of Pending Complaints [5-29]
- CONDUCTING THE INVESTIGATION [5-31]
- FINAL ACTIONS [5-33]
DEVELOPMENT OF IMPARTIAL AND APPROPRIATE FACTUAL RECORDS [6-1]
- INTRODUCTION [6-1]
- MINIMUM TRAINING REQUIREMENTS FOR ALL INVESTIGATORS [6-1]
- RESPONSIBILITIES [6-3]
- INVESTIGATION [6-4]
- THE ROLE OF THE INVESTIGATOR [6-6]
- EVIDENCE.. [6-9]
- WITNESSES AND REPRESENTATIVES IN THE FEDERAL EEO PROCESS [6-15]
- COMPLAINT FILE [6-20]
- THE INVESTIGATIVE SUMMARY [6-25]
- COMPLAINANTS' OPPORTUNITY TO REVIEW THE INVESTIGATIVE FILE [6-25]
- SANCTIONS FOR FAILURE TO COOPERATE DURING THE INVESTIGATION [6-26]
- SANCTIONS FOR FAILURE TO DEVELOP AN IMPARTIAL AND APPROPRIATE FACTUAL RECORD [6-27]
- OFFER OF RESOLUTION [6-28]
- INTRODUCTION [7-1]
- THE ROLE OF THE AGENCY AT THE HEARING STAGE [7-3]
- THE ROLE OF THE ADMINISTRATIVE JUDGE [7-7]
- Administrative Judge's Review of the Record [7-7]
- Developing the Record in Complaints with Inadequate Records [7-8]
- Dismissal of Complaint by Administrative Judge [7-10]
- Administrative Judge's Authority [7-10]
- Summary Judgment (Decisions without a Hearing) [7-17]
- Transmittal of the Decision and Hearing Record [7-18]
- DISCOVERY [7-19]
- EXCLUSION AND DISQUALIFICATION [7-27]
COMPLAINTS OF CLASS DISCRIMINATION [8-1]
IN THE FEDERAL GOVERNMENT [8-1]
- INTRODUCTION [8-1]
- PRE-CERTIFICATION PROCEDURES [8-1]
- INDIVIDUAL COMPLAINTS FILED ON BASES AND ISSUES IDENTICAL TO CLASS COMPLAINTS [8-3]
- CERTIFICATION OR DISMISSAL - 29 C.F.R. § 1614.204(d) [8-5]
- CERTIFICATION DECISION - 29 C.F.R. § 1614.204(d)(7) [8-6]
- NOTIFICATION - 29 C.F.R. § 1614.204(e) [8-7]
- DEVELOPING THE EVIDENCE - 29 C.F.R. § 1614.204(f) [8-8]
- RESOLUTION - 29 C.F.R. § 1614.204(g) [8-10]
- Hearing - 29 C.F.R. §§ 1614.204(h) and (i) [8-11]
- ADMINISTRATIVE JUDGE'S DECISION ON THE MERITS OF THE CLASS COMPLAINT [8-12]
- AGENCY FINAL ACTIONS - 29 C.F.R. §§ 1614.204(j) and (k) [8-13]
- RELIEF FOR INDIVIDUAL CLASS MEMBERS - 29 C.F.R. § 1614.204(l) [8-14]
- Claims for Individual Relief by Class Members Where Discrimination Is Found [8-14]
- Timing of Agency Decision on Individual Claims for Relief [8-14]
- Oversight of Individual Claims for Relief [8-15]
- Limits on the Duration of a Finding of Class-Wide Discrimination [8-16]
- Where Class-Wide Discrimination Is Not Found [8-16]
- REPRISAL [8-17]
APPEALS TO THE COMMISSION [9-1]
- INTRODUCTION [9-1]
- ADVISING THE PARTIES OF THEIR APPEAL RIGHTS [9-2]
- PERSONS WHO MAY APPEAL [9-6]
- FILING THE APPEAL AND RESPONSE [9-9]
- APPELLATE PROCEDURE [9-13]
- STANDARDS OF REVIEW ON APPEAL [9-16]
- RECONSIDERATION [9-18]
- REMEDIES. [9-20]
- COMPLIANCE [9-21]
- Relief Ordered in a Decision on Appeal [9-21]
- Interim Relief [9-22]
- Sanctions [9-23]
- Priority Consideration for Cases Remanded for Investigation [9-24]
- Remand of Dismissed Claims [9-24]
- Complainant May File an Appeal Alleging a Breach of a Settlement Agreement [9-25]
- Complainant May Appeal to the Commission for Enforcement of an Agency Final Action [9-25]
- Compliance Reports Required by Commission Appellate Decisions Containing Orders for Corrective Action [9-25]
- CIVIL ACTIONS [9-26]
- NOTICE REQUIREMENTS [9-26]
ADMINISTRATIVE APPEALS, CIVIL ACTIONS, AND APPOINTMENT OF COUNSEL [10-1]
- INTRODUCTION [10-1]
- ADMINISTRATIVE APPEALS [10-1]
- CIVIL ACTIONS [10-4]
- NOTICE OF COMPLAINANT'S RIGHT TO REQUEST COURT APPOINTMENT OF COUNSEL AND STATEMENT OF RIGHT TO APPEAL [10-6]
- INTRODUCTION [11-1]
- NON-DISCRIMINATORY PLACEMENT [11-1]
- BACK PAY [11-2]
- Back Pay Issues [11-2]
- Determining Gross Back Pay [11-3]
- Overtime or Premium Pay as a Component of Back Pay [11-3]
- Retirement Deductions and Back Pay [11-3]
- Interim Earnings Deducted from Back Pay [11-4]
- Worker's Compensation Benefits May Be Partially Deductible for Back Pay [11-4]
- Availability for Work - Prerequisite for Receipt of Back Pay [11-5]
- Unemployment Compensation Not Deducted from Back Pay - the Collateral Source Rule [11-5]
- Tax Consequences of a Lump Sum Payment of Back Pay [11-6]
- Liquidated Damages (ADEA and EPA only) [11-6]
- Restoration of Leave [11-6]
- FRONT PAY [11-7]
- OTHER FORMS OF EQUITABLE RELIEF [11-7]
- ATTORNEYS FEES AND COSTS [11-9]
- Introduction [11-9]
- Determination of Prevailing Party Status [11-9]
- Presumption of Entitlement [11-10]
- Awards to Prevailing Parties in Negotiated Settlements [11-12]
- Awards of Costs and Fees for Expert and Non-Lawyer Services [11-12]
- Computation of Attorney's Fees [11-13]
- Contents of Fee Application and Procedure for Determination [11-17]
- Miscellaneous Issues [11-19]
- COMPENSATORY DAMAGES [11-20]
- INTRODUCTION [12-1]
- AUTHORITY [12-1]
- TITLE VII AUTHORITY INDEPENDENT OF BACK PAY ACT [12-3]
- NO FINDING OF DISCRIMINATION NECESSARY FOR SETTLEMENTS [12-5]
- CASH AWARDS WITHOUT CORRESPONDING PERSONNEL ACTIONS [12-5]
- PERSONNEL ACTIONS WITH LUMP SUM PAYMENTS [12-6]
- IMPLEMENTING SETTLEMENT AGREEMENTS [12-6]
Appendix B EEO-MD-110 EEO COUNSELING TECHNIQUES [App. B-1]
Appendix C EEO-MD-110 EEO COUNSELOR CHECKLIST [App. C-1]
Appendix D EEO-MD-110 INFORMATION ON OTHER PROCEDURES [App. D-1]
Appendix F EEO-MD-110 SAMPLE RESOLUTION Agreement [App. F-1]
Appendix G EEO-MD-110 >NOTICE OF RIGHT TO FILE A DISCRIMINATION COMPLAINT (Sample) [App. G-1]
Appendix H EEO-MD-110 EEO COUNSELOR'S REPORT 29 C.F.R. § 1614.105 [App. H-1]
EEOC Appendix I EEO-MD-110 Reserved [App. I-1]
Appendix J EEO-MD-110 MODELs FOR ANALYSIS [App. J-1]
Appendix K EEO-MD-110 NOTICE of INCOMPLETE INVESTIGATION (sample) [App. K-1]
Appendix L EEO-MD-110 COMPLAINT FILE FORMAT [App. L-1]
Appendix M EEO-MD-110 REQUEST FOR A HEARING FORM [App. M-1]
APPENDIX O EEO-MD-110 Notice of Appeal B Agency [App. O-1]
APPENDIX P EEO-MD-110 NOTICE OF APPEAL/PETITION - COMPLAINANT [App. P-1]