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Content Last Revised: 8/10/2007 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes |
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| Complaints, Investigations, Issuance of Findings |
29 CFR 24.105 - Issuance of findings and orders.
- Section Number: 24.105
- Section Name: Issuance of findings and orders.
(a) After considering all the relevant information collected during
the investigation, the Assistant Secretary will issue, within 30 days
of filing of the complaint, written findings as to whether or not there
is reasonable cause to believe that the respondent has discriminated
against the complainant in violation of any of the statutes listed in
Sec. 24.100(a).
(1) If the Assistant Secretary concludes that there is reasonable
cause to believe that a violation has occurred, he or she shall
accompany the findings with an order providing relief to the
complainant. The order shall include, where appropriate, a requirement
that the respondent abate the violation; reinstate the complainant to
his or her former position, together with the compensation (including
back pay), terms, conditions and privileges of the complainant's
employment; pay compensatory damages; and, under the Toxic Substances
Control Act and the Safe Drinking Water Act, pay exemplary damages,
where appropriate. Where the respondent establishes that the
complainant is a security risk (whether or not the information is
obtained after the complainant's discharge), an order of reinstatement
would not be appropriate. At the complainant's request the order shall
also assess against the respondent the complainant's costs and expenses
(including attorney's fees) reasonably incurred in connection with the
filing of the complaint.
(2) If the Assistant Secretary concludes that a violation has not
occurred, the Assistant Secretary will notify the parties of that
finding.
(b) The findings and order will be sent by certified mail, return
receipt requested, to all parties of record. The letter accompanying
the findings and order will inform the parties of their right to file
objections and to request a hearing and provide the address of the
Chief Administrative Law Judge. The Assistant Secretary will file a
copy of the original complaint and a copy of the findings and order
with the Chief Administrative Law Judge, U.S. Department of Labor.
(c) The findings and order will be effective 30 days after receipt
by the respondent pursuant to paragraph (b) of this section, unless an
objection and a request for a hearing has been filed as provided at
Sec. 24.106.
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