DLMS 4 - PERSONNEL MANAGEMENT

Chapter 300 - DOL Equal Employment Opportunity Program

Date: March 11, 2013

DEPARTMENTAL ___ OASAM ___ MANUAL TRANSMITTAL ___
Chapter Reference: DLMS 4 – Chapter 300 – DOL Equal Employment Opportunity Program
Nature of Revisions: This chapter has been revised to reflect the transfer of the “Affirmative Employment Program” to the Human Resources Center.
Approval for Issuance and Distribution: T. Michael Kerr
Assistant Secretary for Administration and Management

 

 

Table of Contents

330 Equal Employment Opportunity Complaint Program

331 Purpose

To establish policy and assign responsibility for complying with and enforcing equal employment opportunity (EEO) laws, regulations, and Executive Orders that are applicable to Federal employment at DOL, including discrimination complaint processing and the Affirmative Employment Program (AEP), and to establish procedures for determining disciplinary action to be imposed when antidiscrimination, whistleblower protection and/or anti-retaliation laws are violated.

332 Scope

The provisions of the EEO program apply to all DOL personnel, organizational components, and activities.

333 Objectives

  1. The objective of the EEO complaint program is to provide an effective system for DOL employees and applicants for employment who believe that they have been discriminated against to raise concerns and to obtain corrective action where appropriate.
  2. The objective of the AEP is to establish and maintain a Model Equal Employment Opportunity Program to ensure that all employees and applicants for employment enjoy equality of opportunity in the DOL workplace regardless of race, sex, national origin, and disability and create and maintain a diverse and inclusive work environment so that employees have an opportunity to reach their fullest potential and maximize their contributions to DOL's goals and objectives.
  3. The objective of establishing procedures for determining disciplinary action is to provide an effective system for consideration of disciplinary action when a determination is made that a DOL employee engaged in conduct that is inconsistent with Federal antidiscrimination, whistleblower protections laws and/or anti-retaliation laws.

334 Authority

This directive is issued pursuant to Secretary's Order 1-2004, dated April 15, 2004, and civil rights and nondiscrimination statutes, Executive Orders, and implementing regulations related to Federal equal employment opportunity programs. These include, but are not limited to:

  • Title VII of the Civil Rights Act of 1964, as amended;
  • the Equal Pay Act;
  • the Lilly Ledbetter Fair Pay Act of 2009;
  • the Age Discrimination in Employment Act of 1967, as amended;
  • the Rehabilitation Act of 1973, as amended;
  • the Americans with Disabilities Act Amendments Act of 2008;
  • the Genetic Information Nondiscrimination Act of 2008;
  • the Civil Service Reform Act of 1978;
  • the Civil Rights Act of 1991;
  • the No FEAR Act;
  • Executive Order 11478, as amended;
  • Executive Order 11375, as amended;
  • Executive Order 13163;
  • Executive Order 13164;
  • Executive Order 13145;
  • 29 C.F.R. § 1614;
  • and the Equal Employment Opportunity Commission's (EEOC) Management Directives 110 (Complaint Processing) and 715 (Effective Affirmative Programs) and performance reports on outreach activities to Historically Black Colleges and Universities under Presidential Executive Order 13532 and Tribal Colleges and Universities under Presidential Executive Order 13270.

335 Policy

It is the policy of the DOL to provide equal employment opportunity for all DOL employees and applicants for DOL employment in accordance with applicable Federal statutes, regulations, executive orders, and DOL policy. It is also the policy of DOL to prohibit discrimination because of race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability, genetic information, sexual orientation, parental status, reprisal, or any other basis protected by applicable law or Executive Order as defined in paragraph 334 of this Chapter.

Further, it is the policy of DOL to achieve and maintain a high quality, diverse workforce at all organizational levels throughout DOL and to promote the full realization of equal employment opportunity through a continuing affirmative program where all employees have the freedom to compete on a fair and level playing field; and to maintain a workplace free of discriminatory practices and policies.

Finally, it is the policy of the DOL that, when a DOL employee has been found to have engaged in conduct that is inconsistent with Federal antidiscrimination, whistleblower protections and/or anti-retaliation laws, suitable disciplinary action shall be imposed as appropriate.

 

338 Equal Employment Opportunity Complaint Program

 

340 Assignment of Responsibilities

  1. The Assistant Secretary for Administration and Management ("ASAM") has the delegated authority and assigned responsibility for:
    1. Administering a comprehensive, DOL-wide program to carry out the DOL's equal employment opportunity policy and fulfilling the DOL's obligations arising from equal employment opportunity statutes and their implementing executive orders, rules, regulations, and guidelines covering Federal employees and applicants for Federal employment; and
    2. Making delegations of the authority and assignments of the responsibility described in 340(A) of this Chapter.
  2. The Director of the Civil Rights Center ("CRC"), organizationally located within the Office of the Assistant Secretary for Administration and Management (OASAM), has the delegated authority and assigned responsibility for:
    1. Administering all aspects of the administrative processing of individual and class discrimination complaints filed by employees and applicants for employment in accordance with 29 C.F.R. Part 1614 including, but not limited to, providing for EEO counseling, alternative dispute resolution (ADR), and investigation of such complaints, except, as provided for in subparagraph 340(D) of this Chapter, those that include allegations against the CRC, the immediate office of the ASAM and for other complaints determined by the Director of the CRC to constitute a potential conflict of interest;
    2. Issuing Final Agency Decisions (FADs) and taking final actions on discrimination complaints in a timely manner in accordance with 29 C.F.R. Part 1614, except those decisions on complaints filed by employees and applicants for employment arising from within the Office of Inspector General, which will be issued by the Secretary or her delegee. By memorandum dated October 22, 2009, the Secretary delegated her authority to the Deputy Secretary;
    3. Appointing EEO counselors, fact-finders, and mediators or other individuals to engage in alternative dispute resolution;
    4. Preparing such EEO-related reports as may be required by the EEOC;
    5. Advising the Secretary of Labor, through the ASAM, about the status of equal employment opportunity at DOL;
    6. Recommending changes to programs and procedures designed to eliminate practices that act as barriers to the hiring and advancement of women, minorities, and persons with disabilities, with the goal of improving the DOL's overall EEO Program;
    7. Advising the agencies about physical and program accessibility issues that affect individuals with disabilities;
    8. Evaluating the sufficiency of the total Agency program for equal employment opportunity and reporting to the Head of the Agency with recommendations as to any improvements or corrections needed, including remedial and disciplinary action with respect to managerial, supervisory or other employees who have failed in their responsibilities;
    9. Reviewing appeal recommendations by a DOL Agency and counsel representing the Agency at hearings before the EEOC and deciding, with the concurrence of the Office of the Solicitor, whether to appeal adverse decisions issued by EEOC administrative judges; and
    10. Making delegations of authority and assignments of the responsibilities described in subparagraph 340(B) of this Chapter.
  3. The Solicitor of Labor has the delegated authority and assigned responsibility for the following aspects of the DOL's EEO program, including, but not necessarily limited to:
    1. Providing counsel to the Secretary, the ASAM, the Director of the CRC, and Agency Heads in implementing the DOL's EEO program;
    2. Providing legal representation to the DOL at hearings and court proceedings arising out of the EEO program;
    3. Providing legal advice to managers, supervisors, and other employees who are assisting management in personnel matters during the course of their official duties, and who, in their official capacity, request a review of their EEO affidavits prior to submission to an EEO investigator for inclusion in the EEO file;
    4. Providing advice and counsel to the CRC regarding appeal recommendations as described in subparagraph 340(B)(9) of this Chapter; and
    5. Making delegations of authority and assignments of the responsibilities described in subparagraph 340(C) of this Chapter.
  4. The Chair of the Administrative Review Board has the delegated authority and assigned responsibility for the following aspects of the DOL's EEO programs:
    1. Providing for all aspects of the administrative processing of discrimination complaints including the assignment of counselors, investigators, and the issuance of FADs in complaints involving allegations of discrimination against the CRC, the immediate office of the ASAM, and for those complaints determined by the Director of the CRC to constitute a potential conflict of interest; and
    2. Making further delegations of the authority and assignment of responsibilities described in subparagraph 340(D) of this Chapter.
  5. DOL Agency Heads have the delegated authority and assigned responsibility for leadership in the implementation of the DOL's EEO program and policies within the Agency pursuant to policy direction from the ASAM and procedural guidance from the Director of the CRC or the officials acting in those capacities. Such responsibilities include, but are not limited to, the following:
    1. Assuring full and prompt cooperation on the part of Agency employees and officials with DOL's EEO policies, procedures, and direction from officials charged with implementing DOL's equal employment opportunity program;
    2. Providing sufficient Agency funds and other resources to ensure effective implementation of DOL's EEO policies and procedures including training of employees on EEO matters, and expenditures related to reasonable accommodations, as necessary;
    3. Providing facilities for, and bearing all costs related to, discrimination complaints filed against the Agency; including, but not limited to, any necessary Agency EEO counselor training and travel, all hearing costs, settlement costs (including compensatory damages), and legitimate attorney fees;
    4. Ensuring that appropriate disciplinary action is taken against employees who engage in discriminatory practices; and
    5. Making delegations of the authority and assignment of responsibilities described in paragraph 340(E) of this Chapter.
  6. The Office of the Chief Financial Officer has the delegated authority and assigned responsibility for the following aspects of the DOL's EEO programs:
    1. Processing the payment of awards and/or settlement agreements resulting from EEO complaints; and
    2. Making delegations of the authority and assignment of responsibilities described in paragraph 340(F) of this Chapter.
  7. CRC's EEO Counseling Coordinator, or the official acting in that capacity, is assigned responsibility for:
    1. Assisting in developing, disseminating, and monitoring the implementation of DOL-wide policies and procedures to administer the pre-complaint counseling program including selecting, training, assigning, and evaluating performance of EEO counselors;
    2. Providing technical assistance on the pre-complaint process to DOL National and Regional Office officials and to DOL employees and applicants for DOL employment;
    3. Apprising Agency EEO Managers of informal complaint activity; and
    4. Providing Agency employees and applicants for DOL employment information on the DOL's Alternative Dispute Resolution program.
  8. DOL EEO Counselors are assigned responsibility for:
    1. Providing pre-complaint counseling to any aggrieved DOL employee or applicant for DOL employment who believes that s/he has been discriminated against by the DOL, a DOL organizational component, or DOL personnel, pursuant to policies, procedures, and guidance provided by the CRC;
    2. Gathering preliminary documentation, such as merit staffing files, performance appraisals, written reprimands or adverse personnel actions, etc., to aid in the CRC's determination as to whether a complaint can be accepted for investigation and to serve as the basis for a formal complaint investigation;
    3. Facilitating communication between the aggrieved party and DOL officials in an effort to resolve the complainant's issues informally;
    4. Obtaining a written agreement, signed by all relevant parties, when an informal settlement is reached;
    5. Forwarding a timely, complete written report of pre-complaint counseling activities when requested by the CRC; and
    6. Providing information to DOL officials, DOL employees, and applicants for DOL employment regarding the pre-complaint and formal complaint processes.
  9. Agency EEO Managers or officials acting in that capacity are assigned responsibility for:
    1. Providing guidance to Agency officials to assist them in carrying out their responsibilities under the Equal Employment Opportunity complaint program;
    2. Providing information and technical assistance to Agency employees, which may include training, regarding the EEO complaint process;
    3. Assisting and assuring that Agency employees cooperate with EEO counselors, investigators, CRC staff, and SOL attorneys;
    4. Assisting EEO counselors, investigators, and SOL attorneys to obtain access to Agency employees/information and/or documentary evidence;
    5. Monitoring Agency EEO complaint activity including receiving and reviewing reports of EEO investigations to identify opportunities for resolution and to recommend settlements when appropriate;
    6. Negotiating or facilitating negotiation for the resolution of EEO complaints;
    7. Conducting follow-up and monitoring compliance with settlement agreements;
    8. Providing pre-complaint counseling to any person wishing to file a class complaint against the Agency based on actions or events arising in the National Office; and
    9. Preparing internal and external EEO-related reports, including the MD 715 (establishing and maintaining effective affirmative programs of equal employment opportunity).
  10. All DOL Managers and Supervisors have responsibility for:
    1. Assuring that day-to-day policies, practices and procedures are free from discrimination, and to prevent other practices that tend to give rise to complaints of discrimination by DOL employees or applicants for DOL employment;
    2. Cooperating fully and promptly with EEO counselors, investigators, and Agency EEO Managers;
    3. Participating in the EEO hearing process; and
    4. Assuring that supervised employees are allotted a reasonable amount of official time to present their EEO complaints and participate, as required, in the EEO complaint process.
  11. DOL employees have responsibility for:
    1. Cooperating fully and promptly with EEO counselors including providing oral statements regarding any firsthand knowledge of, and access to documentary evidence related to, issues raised by an aggrieved employee or applicant for DOL employment during pre-complaint counseling;
    2. Cooperating fully and promptly with all officials authorized to investigate a formal complaint of discrimination, including providing a sworn or affirmed statement as to any firsthand knowledge of, and access to documentary evidence related to, issues accepted for investigation; and
    3. Cooperating fully and promptly with officials responsible for conducting a hearing on a discrimination complaint filed by an aggrieved employee or applicant for DOL employment.

350 Agency, Manager, Supervisor, and Employee Rights

DOL employees have the following rights connected with the EEO complaint program:

  1. Representation. Any employee participating in the complaint process, whether as a complainant or witness, has the right to be represented and to be accompanied, advised and assisted by a person(s) of his or her choice, and at his or her expense, provided that choice does not present a conflict of interest or position. (29 C.F.R. Part 1614.605)
  2. Official Time. Any DOL employee or DOL complainant's representative employed by DOL, shall have a reasonable amount of official time, if otherwise in duty status, to prepare the complaint and to respond to Agency and EEOC requests for information. The Agency is not obligated to change work schedules, incur overtime wages, or pay travel expenses to facilitate the choice of a specific representative or to allow the complainant and representative to confer.

    Requests for use of official time must be made in advance to the employee's immediate supervisor and specify the amount of time to be used, the proposed schedule for use, and the reason for the request.

    The EEOC has defined "reasonable" as whatever is appropriate, under the particular circumstances of the complaint, in order to allow a complete presentation of the relevant information associated with the complaint. The actual number of hours to which complainants and their representatives are entitled will vary depending on the complexity of the complaint and the mission of the Agency and the Agency's need to have employees available to perform their normal duties on a regular basis. The complainant and the Agency should arrive at a mutual understanding as to the amount of official time to be used prior to the complainant's use of such time. Time spent commuting to and from home should generally not be included in official time computations because all employees are required to commute to and from their federal employment on their own time. Disputes concerning use of official time connected with EEO complaints should be raised to the CRC. (29 C.F.R. Part 1614.605)

    The complainant and representative, if employed by the Agency and otherwise in a pay status, shall be on official time, regardless of their tour of duty, when their presence is authorized or required by the Agency or the Commission during the investigation, informal resolution, or hearing on the complaint.

  3. Freedom from Reprisal. Anyone participating as a complainant, witness, or representative is protected from retaliation, coercion, interference, restraint, discrimination or reprisal stemming from participation in the EEO complaint process.
  4. Anonymity and Confidentiality. During pre-complaint counseling, an EEO counselor may not disclose the complainant's identity unless specifically authorized to do so by the complainant.

    Once a formal EEO complaint is filed, the identity of the aggrieved person does not remain confidential. The complaint file, or parts of it, may be shared with those who are involved and need access. This includes Agency EEO officials, Agency representatives, and other Agency officials who have a need to know the content of the files for the purpose of addressing the allegations raised.

  5. Right of Review. Any person providing an affidavit during an investigation has the right to review his or her statement prior to signing it and may make initialed corrections if it is inaccurate or incomplete. Any person providing an affidavit also has the right to receive a copy of such affidavit.
  6. Management Right of Review. The Office of the Solicitor may provide legal advice to any manager, supervisor, and other employee who is assisting management in personnel matters during the course of their official duties, and who, in their official capacity, requests a review of their EEO affidavit prior to submitting it to an EEO investigator for inclusion in the EEO file as described in subparagraph 340(C)(3) of this Chapter. Any such employee of the Office of Inspector General may, alternatively, seek such review from OIG counsel. SOL or OIG counsel, however, will not serve as a personal representative.
  7. Court Action. After filing a formal complaint, the complainant has the right to file a civil action in an appropriate U.S. District Court at any one of five points in the complaint process. They are:
    1. Within 90 days of receiving DOL's final action/decision on the complaint if an appeal has not been filed with the EEOC;
    2. Within 90 days of receiving the EEOC's final decision on an appeal;
    3. At any time after 180 days have elapsed since the date the complaint was filed if an appeal has not been filed, and if DOL has not issued a final action/decision;
    4. At any time after 180 days have elapsed since the date an EEOC appeal was filed, if the EEOC has not issued a decision;
    5. With regard to complaints filed pursuant to the Age Discrimination in Employment Act (ADEA) only, as an alternative to filing a complaint in the administrative process, a complainant may file a civil action in United States district court after giving the Commission not less than 30 days' notice of the intent to file such action. (29 C.F.R. Part 1614.201(a)).

    Note that an aggrieved individual does not have to file an administrative complaint before filing a civil action under the Equal Pay Act. The Equal Pay Act includes a statute of limitations, which requires the filing of a civil action within two years, or, if the violation is willful, three years of the date of the alleged violation regardless of whether an administrative complaint has been filed. (29 C.F.R. Part 1614.408)

  8. Negotiated Grievance Procedures. Any employee within the American Federation of Government Employees (AFGE), Local 12, or the National Union of Labor Investigators (NULI) bargaining units may file allegations of discrimination under the negotiated grievance procedures of their respective union. Employees within the Local 12 or NULI bargaining units must choose whether the allegations of discrimination will be processed under the negotiated grievance procedure or under the EEO complaint procedure. (See, Article 25 Section 7(c) of the DOL and Local 12 Collective Bargaining Agreement, March 20, 2005; Article 34 Section 4(c) of the DOL and NULI Agreement effective October 1, 2011 - September 30, 2016). Election will be determined by whichever event comes first, the date of the grievance or the date of the formal complaint.

    Employees represented by the National Council of Field Labor Locals (NCFLL) are specifically excluded from filing grievances alleging discrimination. In the event an employee represented by the NCFLL files a grievance and an informal EEO complaint on the same matter, the grievance will be held in abeyance. If a formal EEO complaint is filed, the grievance will be terminated. However, in the event that the DOL dismisses that EEO complaint for reasons other than on merit, the NCFLL represented employee has 30 days from receipt of the dismissal to resurrect the grievance. (See, Article 15 Section 2 (B) & (C) of the DOL and NCFLL Collective Bargaining Agreement, October 1, 2012.)

  9. Merit Systems Protection Board (MSPB) Appeal. In lieu of filing an EEO complaint, an employee may file allegations of discrimination related to an action appealable to the MSPB (including termination beyond the probationary period of employment, reduction in grade or pay, or suspension for more than 14 days) directly with the MSPB under the so-called "mixed case" appeal procedures described in subparagraph 356(F) of this chapter and 29 C.F.R. Part 1614.302.
  10. Notice to the Union. EEO Investigators are required to give notice to Local 12, NCFLL, or NULI prior to conducting formal discussions with any bargaining unit employee in connection with a formal EEO complaint. Said notice is to afford the union an opportunity to be represented at the formal discussions. (5 U.S.C. 7114(a)(2)(A)).
  11. Voluntary Resolution of Complaint. A complainant may seek to voluntarily resolve his or her complaint at any time during the administrative process, including the hearing stage. Any resolution reached shall be in writing, signed by both parties and identify the claims resolved. (29 C.F.R. Part 1614.603).

351 EEO Complaint Process

  1. Initiating the Process. Aggrieved individuals who believe they have been discriminated against on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability, genetic information, sexual orientation, parental status, or reprisal must consult an EEO counselor prior to filing a complaint in order to try to informally resolve the matter.

352 Pre-complaint Counseling/Mediation

  1. Timeframe for Contacting an EEO Counselor or a Civil Rights Center Official. Any DOL employee or applicant for DOL employment who believes that s/he has been subjected to discrimination because of race, color, religion, national origin, sex (including pregnancy and gender identity), age, disability, genetic information, sexual orientation, parental status or reprisal for past EEO activity must contact a DOL EEO counselor or the CRC official within 45 calendar days of the date of the alleged discriminatory incident or the effective date of a personnel action. The names of the EEO counselors appear on the DOL LaborNet, RegionNet, and on posters on bulletin boards in DOL buildings across the country, or an employee or applicant may contact the CRC.
  2. EEO Counselor's Role. The EEO counselor must inform the aggrieved person of his or her rights and responsibilities in the EEO complaint process, including the option to elect Alternative Dispute Resolution.

    The counselor conducts a limited inquiry to define the allegation, obtain information to be utilized when assessing jurisdiction at the formal stage, and attempt to facilitate resolution and/or settlement.

    While the scope of the inquiry will vary based on the complexity of the claims, the inquiry is limited and not intended to substitute for the fact finding required in the formal stage. The counselor determines the scope of the inquiry.

    The counselor maintains a record of counseling so as to provide the required EEO Counselor's Summary Report to the CRC upon completion of counseling.

  3. Timeframe for Completion of Counseling. The EEO counselor has 30 days from the date the aggrieved person contacted an EEO counselor or CRC to request counseling in which to counsel the complainant and attempt to informally resolve the matter. Unless the timeframe for conducting counseling is extended (see Subsection 352(E) of this Chapter), the counselor will, by the 30th day, issue written notice that the complainant then has the right to file a formal complaint, describing the procedure for doing so. If counseling is completed in less than 30 days or if counseling is extended by mutual agreement beyond 30 days, the counselor will issue written notice at the final interview. This notice will advise that counseling has been completed and that the complainant then has the right to file a formal complaint, describing the procedure for doing so.
  4. Resolution. If counseling resolves the complaint, the counselor shall obtain a signed resolution agreement from the relevant parties.
  5. Additional Time. The complainant may agree to extend the timeframe to attempt to informally resolve his/her complaint for no more than an additional 60 days. The total time for pre-complaint counseling may not exceed 90 days.
  6. Alternate Dispute Resolution (ADR) - Mediation
    1. A complainant may request ADR during the pre-complaint stage of the complaint process. The DOL's method of ADR is mediation. CRC may determine, on a case-by-case basis, that a complaint is not appropriate for mediation. If a conflict is not appropriate for mediation, the Director of CRC (or the Director's designee) will provide written notification to the aggrieved person that DOL will not conduct mediation. In such a case, the EEO counselor will continue to process the informal complaint in accordance with existing EEO Counseling procedures.
    2. Once CRC determines that the conflict is appropriate for mediation, the proper DOL Official will participate in the mediation.
    3. When the aggrieved person participates in ADR, the pre-complaint processing period shall be 90 days. If the claim has not been resolved before the 90th day, the Notice of Right to File (NRTF) a formal complaint must be issued by the counselor or a CRC official.

353 Formal Complaint

  1. Filing Timeframe and Procedure. If the matter remains unresolved after completion of the Pre-complaint stage, the complainant may file a formal complaint. The complaint must contain a signed statement from the aggrieved individual or that person's attorney and must be filed within 15 calendar days of receipt of the Notice of Right to File (NRTF) a formal complaint. The complaint may be filed by mail, facsimile (followed by submission of the original) or in person with the Director of CRC. The formal complaint will be deemed timely filed if it is received or postmarked before the expiration of the applicable filing period.
  2. Contents. The complaint must include the following:
    1. The complainant's name, mailing address, phone number and place of employment;
    2. The basis of the complainant's allegations of discrimination (race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability, genetic information, sexual orientation, parental status or reprisal based on past EEO activity);
    3. The complainant's membership in a "protected" group(s) (for example, indicate date of birth for age, racial group for race, etc.) as appropriate;
    4. A concise statement outlining the specific nature of the matter giving rise to the complaint (for example, termination, demotion, reprimand, non-selection, denial of promotion, etc.), a description of any resulting harm, and the date(s) of occurrence, which shall include other identifying specifics (what, when, who, where, why and how) and any information believed to support the allegations;
    5. The name, address and telephone number of the complainant's representative, if one has been designated;
    6. Remedies sought; and
    7. Whether the complainant has filed a charge on the same or related matter in any other forum, including the MSPB, pursuant to a negotiated grievance procedure, a U.S. District Court, etc.
  3. Representation. Unless the complainant states otherwise, after the complainant has designated a representative, all official correspondence will be sent to the representative with a copy 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. The complainant shall at all times be responsible for proceeding with the complaint whether or not he or she has designated a representative.
  4. Acceptance or Dismissal. The complaint will be reviewed to determine whether it meets the criteria for acceptance set forth in 29 C.F.R. Part 1614. If additional information is required to determine whether the complaint will be accepted for investigation, the complainant may be asked to clarify aspects of his or her complaint. A written decision will be issued as to whether the complaint is accepted or dismissed. If the Agency determines that some but not all of the claims in a complaint will be dismissed, the Agency will notify the complainant in writing of this determination, the rationale for the determination, and explain that those claims will not be investigated. A copy of the partial dismissal will be placed in the investigative report. A partial dismissal may be reviewed at hearing or on appeal to the EEOC following the issuance of a Final decision/action. If the complaint is dismissed entirely, the written decision will inform the complainant of his or her right to appeal. (29 C.F.R. Part 1614.107).
  5. Amending a Complaint. A complainant may amend a complaint at any time prior to the conclusion of the investigation to include issues or claims like or related to those raised in the complaint. Amendments are likely to be accepted if they have grown out of the original charge or the investigation into the original charge. When a complaint has been amended, the Agency shall complete the investigation within the earlier of 180 days after the last amendment or 360 days after the filing of the original complaint, except that a complainant may request a hearing from the EEOC at any time after 180 days from the date of the first filed complaint.
  6. Investigations. If a complaint is accepted, a qualified investigator will be assigned to conduct an impartial and appropriate investigation of the alleged discrimination. An investigator (a DOL employee or a contract investigator) will be authorized to conduct the investigation, and may administer oaths to obtain sworn or affirmed testimony without a pledge of confidentiality from any witness deemed relevant. The investigator compiles an investigative report containing sufficient relevant testimony and other evidence to support the rendering of a decision on the merits of the complainant's allegations. An investigation shall be completed within 180 days of the date of filing of an individual complaint or within 360 days after the filing of the original complaint when a complaint has been amended. (29 C.F.R. Part 1614.108)
  7. Extension of Time to Complete an Investigation. By written agreement, the complainant and the CRC may voluntarily extend the time period for completing the investigation for not more than an additional 90 days pursuant to 29 C.F.R. Part 1614.108(e).
  8. Investigative Report. When the investigation is complete, the investigative report is sent to the complainant (and his or her representative, if one has been designated), who will be notified that within 30 calendar days of receipt of the investigative file, the complainant has the right to elect either a FAD on the record, or a hearing and decision from an EEOC Administrative Judge (AJ). (See exceptions subparagraphs 350(I) and 356(E) of this Chapter for information on processing mixed case complaints and appeals to the MSPB). The completed investigative report is also sent to the EEO Manager of the DOL organizational component against which the complaint was filed.

    If the complainant does not notify CRC within 30 calendar days of his choice between a hearing before an EEOC AJ or a FAD, a FAD will be issued pursuant to 29 C.F.R. Part 1614.110(b).

  9. ADR/Mediation in the Formal Complaint Process. A complainant may request mediation during the formal stage of the complaint process following receipt of the completed investigative report if s/he does not elect a hearing before an EEOC AJ. If CRC determines that a complaint is not appropriate for mediation, the complainant will be notified. If mediation is approved, agencies are required to participate in mediation.
  10. FAD and Right of Appeal When No Hearing is Requested. If the complainant elects to have a FAD, the CRC Director or ARB Chairperson, as appropriate, will issue the DOL's written FAD on the merits of the complaint. (Decisions on complaints filed by employees and applicants for employment arising from within the Office of Inspector General will be issued by the Secretary of Labor (see subparagraph 340(B)(2) of this Chapter)). The decision will include a notice that advises the complainant of his or her right to appeal the decision to the EEOC's Office of Federal Operations or file a civil action in an appropriate U.S. District Court, together with the timeframes and procedures for doing so.

    Discrimination based on sexual orientation and status as a parent are proscribed by Executive Order 11478 as amended by Executive Order 13152, not by Federal statute. Therefore, a complainant who has alleged discrimination based on sexual orientation or parental status has no statutory authority to request a hearing before an EEOC AJ or appeal a FAD to the EEOC. Consequently, the CRC Director or ARB Chairperson, as appropriate, will issue a FAD concerning claims of discrimination on the basis of sexual orientation and/or status as a parent. Please note, however, that the EEOC considers some allegations of sexual orientation discrimination to constitute sex discrimination. The CRC or ARB Chairperson shall review any such allegations to determine appropriate processing.

  11. Prompt Processing. Both the complainant and the DOL must process the complaint without undue delay. If the complainant fails to prosecute the complaint, the complaint may be dismissed or adjudicated without the complainant's cooperation if sufficient information for that purpose is available. If a Report of Investigation has not been issued and 180 days have passed since the complaint was filed, the complainant may request a hearing from the EEOC or file a civil action in an appropriate U.S. District Court.
  12. Additional Time Granted by the Director. The CRC Director or ARB Chairperson, as appropriate, may waive or extend the time limit for filing a complaint only if the complainant demonstrates that s/he was neither notified of the time limits nor otherwise aware of them or that circumstances beyond his or her control prevented timely filing. The CRC Director or ARB Chairperson, as appropriate, may extend the time limit for responding to requests for information during EEO processing (up until the complainant seeks a hearing, or files an appeal with the EEOC) upon a showing of good cause.

354 EEOC Hearing

  1. Request for a Hearing before an EEOC Administrative Judge. If a complainant elects to request a hearing before the EEOC, his or her request for a hearing must be made to the appropriate EEOC office at any time after 180 days of filing the complaint if an investigative report has not been completed; or within 30 days of receipt of the investigative report. A copy of this request must also be sent to the CRC. Upon receipt of the complainant's request, or pursuant to an order from the EEOC to produce the record, the investigative report will be sent by DOL to the EEOC. The DOL organizational component named in the complaint and SOL will also be notified that the complainant has requested a hearing.
  2. Appointment and Responsibilities of an AJ. When a complainant requests a hearing, the EEOC appoints an AJ to conduct a hearing in accordance with 29 C.F.R. Part 1614.109. The AJ assumes full responsibility for the adjudication of the complaint, including overseeing further development of the record, if necessary.
  3. The AJ's Findings of Fact and Law. After further development, if necessary, and an assessment of all relevant evidence, the AJ will transmit the following to the DOL:
    1. The complaint record, including the record of hearing;
    2. A written analysis of the evidence and findings based on the evidence; and
    3. A written decision on the complaint, including any remedial action to be taken.
  4. DOL's Final Action. Within 40 days of receipt of the AJ's decision and record, the CRC Director, ARB Chairperson, or the Secretary, as appropriate, will issue a final action pursuant to 29 C.F.R. Part 1614.110(a). This final action must indicate whether the DOL adopts the AJ's findings. If the AJ's findings are not adopted, the CRC Director, the ARB Chairperson, or the Secretary, as appropriate, will file a concurrent appeal on behalf of the DOL with EEOC's Office of Federal Operations. The final action will also advise the complainant of his or her right to appeal the decision to the EEOC or file an action in an appropriate U.S. District Court, together with the timeframes and procedures for doing so. The DOL organizational component named in the complaint will also receive notice of the DOL's final action. Decisions on complaints filed by employees and applicants for employment arising from within the Office of Inspector General will be issued by the Secretary of Labor (see subparagraph 340(B)(2) of this Chapter).

355 Process after the Final Decision/Action

  1. Implementing Corrective Action. If the DOL's Final decision/action requires that remedial action be taken, the DOL organizational component named in the complaint must:
    1. Notify the official(s) responsible for implementing the action required;
    2. Follow up to ensure full implementation; and
    3. Provide confirmation of full implementation to the CRC Director or ARB Chairperson, as appropriate, including copies of any appropriate corroborating documents.
  2. Appeal of the FAD. If the complainant appeals the DOL's Final decision/action, the EEOC will request a written statement of position and a copy of the complaint file from DOL. A complainant may also submit a statement in support of the appeal to the EEOC, if s/he wishes to do so. The complainant must provide the CRC with a copy of any statement submitted to support the appeal. The EEOC will review the entire complaint record and issue a final decision. Either the complainant or the CRC may request reconsideration of the EEOC's decision within 30 days of receipt. However, the EEOC will only grant reconsideration upon a showing of a clearly erroneous interpretation of material fact or law or that the decision will have a substantial impact on the policies, practices or operations of the Agency. The EEOC's decision will also contain a description of the complainant's right to file a civil action in an appropriate U.S. District Court, together with the applicable timeframes and procedures for doing so. If the EEOC's decision requires corrective action, the DOL must demonstrate compliance to the EEOC.
  3. Enforcement of the EEOC's Decision. If the EEOC's decision on appeal requires remedial action to be taken and the complainant does not believe that the DOL has complied with the decision, a petition for enforcement may be filed with the EEOC. The petition must specifically set forth the reasons that lead the complainant to believe that DOL is not complying with the decision. The EEOC will ascertain whether the Agency is implementing the decision. If the Agency is found not to be in compliance, efforts will be made to obtain compliance.

356 Special Circumstances

  1. Dissatisfaction with the Processing of an EEO Complaint. Allegations of dissatisfaction with the processing of a pending complaint must be made to the Director of the CRC. Upon receipt, the Director will attempt to resolve dissatisfaction as early and expeditiously as possible. A record of the complainant's concerns and any actions taken to resolve the concerns will be added to the complaint file. If no action is taken, an explanation of the reason(s) for not taking action will be included in the complaint file.

    A complainant must always raise his or her concerns first with the CRC, in the above manner. However, in cases where the complainant's concerns have not been resolved informally, the complainant may present those concerns to the EEOC at hearing or on appeal following the CRC's issuance of a Final decision/action. If the EEOC finds that the CRC has improperly processed the complaint and that such improper processing had a material effect on the complaint, the EEOC may impose sanctions.

  2. Joint Processing and Consolidation of Complaints. EEO complaints filed by two or more complainants consisting of substantially similar allegations or relating to the same matter may be consolidated by the Agency or the EEOC after notification to the parties. Two or more complaints filed by the same complainant will be consolidated by the Agency after notification. When a complaint has been consolidated with one or more earlier complaints, the Agency shall complete the 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 the EEOC on the consolidated complaints any time after 180 days from the date of the first filed complaint.
  3. Compliance with Settlement Agreements and Final Actions. If the complainant believes that DOL has failed to comply with the terms of a settlement agreement or Final decision/action requiring remedial action, the complainant shall notify the CRC Director or ARB Chairperson, as appropriate, in writing, of the alleged noncompliance within 30 days of when the complainant knew or should have known of the alleged noncompliance. The complainant may request that the terms of the settlement agreement be specifically implemented or, alternatively, that the complaint be reinstated for further processing from the point processing ceased. The CRC shall resolve the matter and respond to the complainant, in writing. If the CRC has not responded to the complainant or if the complainant is not satisfied with the CRC's attempt to resolve the matter, the complainant may appeal to the EEOC for a determination as to whether DOL has complied with the terms of the agreement. The complainant may file such an appeal 35 days after s/he has served the CRC with the allegations of noncompliance if a decision has not been issued. If a decision has been issued, the complainant must file an appeal within 30 days of his or her receipt of the CRC's determination. If the EEOC determines that DOL is not in compliance and the non-compliance is not attributable to acts or conduct of the complainant, it may order such compliance or it may order that the complaint be reinstated for further processing. Allegations that subsequent acts of discrimination violate a settlement agreement shall be processed as separate complaints.
  4. Class Complaints
    1. Who May File. Any member of a group of employees, former employees or applicants (known as the "agent") who believes that any DOL policy or practice discriminates against members of the group (known as the "class") because of a common factor (race, color, religion, national origin, sex (including pregnancy and gender identity), age, disability or genetic information) may file a class complaint. (29 C.F.R. Part 1614.204)
    2. Pre-complaint processing. A class agent who wishes to file a class complaint must seek EEO counseling. The EEO counselor shall explain the class complaint procedures and the responsibilities of a class agent. Following counseling, the formal class complaint must be filed with CRC within 15 days of receipt of the Notice of Right to File (NRTF). The complaint must be signed by the class agent or representative and must identify the policy or practice adversely affecting the class, as well as the specific action or matter affecting the class agent. Within 30 days of receiving the complaint, CRC will forward the complaint and the counseling record to the EEOC for a determination on whether the class may be "certified." For this to occur, the following conditions must be established:
      1. The class contains so many members that consolidated processing of individual complaints is not practical;
      2. There are questions of fact common to the class;
      3. Claims by the class agent are typical of the claims of the class; and
      4. The agent or agent's representative is qualified to adequately protect the interests of all class members.
    3. Individual complaints filed before or after a class complaint will not be dismissed but will be subsumed within the class complaint. If the class complaint is dismissed at the certification stage or on appeal, the individual complaint(s) may still proceed, unless the same or another basis for dismissal applies. If the class proceeds to hearing, the individual claim(s) may be presented by the class representative at the liability stage of the process, or may be presented at the remedy stage by the complainant.
    4. The decision on class certification will be made by an EEOC AJ. After such decision is made, the EEOC will transmit the decision to the agent and CRC. The CRC must take final action by issuing a final order within 40 days of receipt. The final order shall notify the agent whether the Agency will implement the EEOC's decision. If the EEOC's decision is not adopted, the CRC will file a concurrent appeal on behalf of the DOL with EEOC's Office of Federal Operations. The final action will also advise the complainant of his or her right to appeal the decision to the EEOC or file an action in an appropriate U.S. District Court, together with the timeframes and procedures for doing so. The DOL organizational component named in the complaint will also receive notice of the DOL's final action.
    5. If the EEOC has accepted a class complaint, the CRC may commence an investigation - the parameters of which shall be guided by the EEOC. At the end of the investigative period, a hearing shall be conducted. For more information on this process, see 29 C.F.R. Part 1614.204 (e)-(h).
    6. A complainant may move for class certification at any reasonable point in the process when it becomes apparent that there are class implications to the claim raised in an individual complaint. If a complainant moves for class certification after completing the EEO counseling process, no additional counseling is required. The EEOC AJ may deny class certification if the complainant has unduly delayed in moving for certification.
  5. Mixed Case Complaints. A "mixed case" complaint raises allegations of discrimination in connection with an Agency action that is appealable to the MSPB (including termination beyond the probationary period of employment, reduction in grade or pay, or suspension for more than 14 days). An employee must decide whether to file an allegation of discrimination in a mixed case either with the MSPB or under the EEO complaint procedure of the DOL, but may not do both. See subparagraph 350(I) and 29 C.F.R. 1614.302 for additional information on processing mixed case complaints and appeals to the MSPB.
    1. Filed with MSPB. If an allegation of discrimination in connection with an appealable action is raised directly to the MSPB and the MSPB does not question its jurisdiction to hear the complaint, a decision will be issued following a hearing. The MSPB decision may be appealed to the EEOC, but such EEOC review is limited to MSPB's application of relevant EEO law. Alternatively, a complainant has the right to file a civil action in U.S. District Court following the MSPB's decision.
    2. Filed with DOL. If a mixed case complaint is filed with the DOL, the CRC will investigate and issue a decision within 120 days. At any time after 120 days from the date of filing or within 30 days of receipt of CRC's decision, the complainant may appeal the matter to the MSPB (not the EEOC). The MSPB's decision, in turn, may be appealed to EEOC, but such EEOC review is limited to MSPB's application of relevant EEO law. Alternatively, a complainant has the right to file a civil action in U.S. District Court following the MSPB's decision.
    3. Duplicate Filing. If a complainant files a mixed case complaint with the DOL and a MSPB appeal regarding the same appealable action, the CRC will determine which was filed first and that will be considered an election to proceed in that forum.
      1. If the MSPB appeal was filed first, CRC will dismiss the complaint filed with DOL and advise the complainant that he or she must bring the allegations of discrimination to the attention of the MSPB, pursuant to 5 C.F.R 1201.155. The dismissal letter will advise the complainant of the right to petition EEOC to review the MSPB's FAD on the discrimination issue. A dismissal of a mixed case complaint is not appealable to EEOC except when it is alleged that the CRC erroneously determined that the issue was a mixed case issue.
      2. If the CRC or MSPB questions the MSPB's jurisdiction, CRC shall hold the complaint in abeyance until the MSPB rules on MSPB jurisdiction. During this period, all time limitations for processing will be tolled. If the MSPB determines that it has MSPB jurisdiction over the matter, the CRC will dismiss the complaint as described in Subsection 356(E)(3)(a). If jurisdiction is not found, CRC will recommence processing as a non-mixed case complaint.
      3. If a person files a mixed case appeal with the MSPB instead of a mixed case complaint with DOL, and the MSPB dismisses the appeal for jurisdictional reasons, SOL shall promptly notify CRC of MSPB's dismissal. Thereafter, CRC will promptly notify the individual in writing of the right to contact an EEO counselor within 45 days of receipt of this notice and the right to file an EEO complaint, subject to 29 C.F.R. 1614.107. The date on which the person filed his or her appeal with MSPB shall be deemed to be the date of initial contact with the counselor.
      4. If a person appeals DOL's processing of a mixed case complaint to MSPB in a timely manner and the MSPB dismisses it for jurisdictional reasons, the CRC shall reissue the notice of right to elect between a hearing before an EEOC AJ and a FAD.
      5. If allegations of discrimination were not considered by the MSPB and the MSPB has issued its final decision on the appeal, the CRC may accept and resume processing the complaint. The DOL's FAD on such a complaint will also advise the complainant of the right to petition the MSPB to review its previous decision and consider the allegations of discrimination.

380 Disciplinary Action for Conduct that is Inconsistent with Federal Antidiscrimination, Whistleblower Protection, and Retaliation Laws

390 Assignment of Responsibilities

  1. All DOL Managers and Supervisors have responsibility for:
    1. As described below in Section 395 (A)(1), immediately contacting the employee/labor relations officer in the servicing human resources office to seek guidance in determining whether and what level of disciplinary action to impose upon concluding that a DOL employee has engaged in conduct that is inconsistent with Federal antidiscrimination, whistleblower protection, and/or anti-retaliation laws, regulations or relevant DOL policy (i.e., the Secretary's Policies of EEO or Harassing Conduct).
    2. After receiving guidance on disciplinary action from the employee/labor relations officer, make a final decision on discipline and impose discipline in a manner consistent with DOL policy/procedures and merit systems principles.
    3. Providing a copy of the memorandum identifying disciplinary action taken to the CRC.
  2. DOL Agency Heads have responsibility for:
    1. As described below in Section 395 (A)(2), (3) & (4), within two (2) business days of receiving a memorandum from the CRC indicating that a finding of discrimination or retaliation has been rendered or implemented, contacting the employee/labor relations officer in the servicing human resources office for guidance in determining whether and what level of disciplinary action to impose.
    2. Informing the CRC Director, in writing, of the reasons if disciplinary action is not imposed following a determination that an employee has engaged in conduct that is inconsistent with Federal antidiscrimination, whistleblower protection, and/or anti-retaliation laws, regulations or relevant DOL policy (i.e., the Secretary's Policies of Equal Employment Opportunity or Harassing Conduct).
  3. The Human Resources Center (HRC), after being contacted by a DOL management official for guidance in determining whether and what level of disciplinary action to impose, has responsibility for seeking coordinated input from the CRC, and SOL and/or Office of Inspector General (OIG) to review the circumstances of the case and provide guidance to the requesting Agency official on appropriate discipline.
  4. The Office of the Solicitor (SOL) or Office of Inspector General (OIG) has responsibility for:
    1. Notifying the CRC that a final finding of discrimination or retaliation has been rendered or implemented following a hearing before the Merit Systems Protection Board (MSPB) or in connection with a case in Federal court.
    2. Providing input, with the HRC and the CRC, to the requesting Agency official on appropriate discipline.
  5. The CRC has responsibility for:
    1. Rendering or implementing a final finding of discrimination or retaliation stemming from an Equal Employment Opportunity (EEO) complaint.
    2. Upon rendering, implementing, or otherwise being informed of a final finding of discrimination or retaliation, issuing a memorandum to the applicable Agency Head informing him/her that disciplinary action may be appropriate.
    3. Providing input, with the HRC and SOL and/or OIG, to the requesting Agency official on appropriate discipline.
  6. The Chairperson of the Administrative Review Board (ARB) has responsibility for:
    1. Rendering or implementing a final finding of discrimination or retaliation stemming from an EEO complaint (where the CRC has an actual or potential conflict of interest).
    2. Upon rendering or implementing, or otherwise being informed of a final finding of discrimination or retaliation (where the CRC has an actual or potential conflict of interest), issuing a memorandum to the applicable Agency Head informing him/her that disciplinary action may be appropriate.
    3. Providing input, with the HRC and SOL and/or OIG, to the requesting Agency official on appropriate discipline.

395 Procedures for Determining Appropriate Disciplinary Action

  1. If a DOL employee is found to have engaged in conduct that is inconsistent with Federal antidiscrimination, whistleblower protection, and/or anti-retaliation laws, regulations or relevant DOL policy (i.e., the Secretary's Policies of EEO or Harassing Conduct), the following steps are required:
    1. When a DOL management official determines that a DOL employee has engaged in conduct inconsistent with Federal antidiscrimination, whistleblower protection, and/or anti-retaliation laws, regulations or relevant DOL policy (i.e., the Secretary's Policies of EEO or Harassing Conduct),(1) s/he shall immediately contact the employee/labor relations officer in the servicing human resources office for guidance in determining whether and what level of disciplinary action to impose.
    2. If the CRC renders or implements (following a hearing before an Administrative Judge of the EEOC) a final finding of discrimination or retaliation, the CRC shall issue a memorandum to the applicable Agency Head informing him/her that disciplinary action may be appropriate. Within two (2) business days of receiving the memorandum from the CRC, the Agency shall then contact the employee/labor relations officer in the servicing human resources office for guidance in determining whether and what level of disciplinary action to impose.
    3. If a final finding of discrimination or retaliation is rendered or implemented following a hearing before an Administrative Judge of the MSPB, SOL or OIG shall notify the CRC and the CRC shall issue a memorandum to the applicable Agency Head informing him/her that disciplinary action may be appropriate. Within two (2) business days of receiving the memorandum from the CRC, the Agency shall then contact the employee/labor relations officer in the servicing human resources office for guidance in determining whether and what level of disciplinary action to impose.
    4. If a final finding of discrimination or retaliation is rendered in connection with a case in Federal court, the SOL or OIG shall notify the CRC and the CRC shall issue a memorandum to the applicable Agency Head informing him/her that disciplinary action may be appropriate. Within two (2) business days of receiving the memorandum from the CRC, the Agency shall then contact the employee/labor relations officer in the servicing human resources office for guidance in determining whether and what level of disciplinary action to impose.
  2. To ensure adherence to this Policy and encourage consistency across the DOL, after being contacted by the Agency as described above, the employee/labor relations officer in the servicing human resources office shall seek coordinated input from CRC and SOL and/or OIG to review the circumstances of the case and provide guidance to the requesting Agency official on appropriate discipline. The coordinated input and any resulting guidance should be given no later than thirty (30) calendar days from the date that the employee/labor relations officer in the servicing human resources office is contacted regarding the inappropriate conduct or finding of discrimination or retaliation.
  3. The appropriate DOL manager shall make a FAD on discipline and shall impose action in a manner consistent with DOL policy/procedures and merit systems principles. As defined by the No FEAR Act, discipline means any one or a combination the following actions: reprimand, suspension without pay, reduction in grade or pay, or removal.

    A memorandum identifying the discipline taken shall be provided to the CRC. If discipline, as previously defined, is not taken, the Agency Head shall inform the CRC Director, in writing, of the reasons for not imposing discipline. The CRC shall report on the numbers and types of disciplinary actions taken for conduct that is inconsistent with these laws within the DOL's Annual No FEAR Act Report.

  4. The discipline of a bargaining unit employee under this document may be contested through grievance/arbitration procedures. The discipline of any employee under this document may be contested through the EEO complaint process (if the employee believes that the disciplinary action was taken to discriminate based on a EEO protected characteristic or retaliation because that person has opposed a practice made unlawful by or participated in any stage of administrative or judicial proceedings under relevant employment discrimination laws), and/or, depending on the severity of the discipline, to the MSPB. An arbitrator or administrative judge will have authority to rule on the validity of the disciplinary charges against the employee.

    Nothing in the No FEAR Act alters existing laws or permits an Agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination.

1 Such a determination may be made by the supervisor who directly witnesses and/or otherwise establishes a violation (e.g., misconduct such as where an employee uses an epithet, physically touches someone in an inappropriate manner or otherwise engages in clear discriminatory behavior based on a protected characteristic) either through or outside of the DOL's Harassing Conduct Policy and Procedures.

Last updated: June 5, 2013