The regional office will ensure the complaint is perfected within 15 calendar days of receiving the complaint unless good cause is show for an extension. During complaint perfection, the CO determines the timeliness of the complaint; contract coverage;312 whether the allegations are covered by any of the laws OFCCP enforces; whether to retain, refer or bifurcate the complaint; and whether all the required elements of a complaint are present.
Complaints alleging discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, or based on compensation inquiries, discussions or disclosures, must be filed within 180 days from the date of the alleged discrimination unless the time for filing is extended for good cause. If the complaint alleges a violation based on disability or status as a protected veteran, it must be filed within 300 days unless the time for filing is extended for good cause. When determining whether to extend the time for filing for good cause, the CO must consult with his or supervisor. 313
The CO should encourage complainants to complete and sign the OFCCP complaint form authorized by the OMB, Form CC-4, “Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor” (“Complaint Form”).314 When completed, the Complaint Form contains all the required components of a complaint. However, a complainant is not required to use the Complaint Form in order to file a written complaint, as long as whatever document the complainant submits to OFCCP includes the components described below.
During complaint perfection, COs must ensure the following components are included in the written complaint:
- Name, address and telephone number or email address of the complainant;
- Name and address of the employer allegedly committing the discrimination;
- Description of the alleged discriminatory acts, including the basis or bases of discrimination; and
- Signature of the complainant or the complainant’s representative.
Additionally, VEVRAA requires the alleged victim to submit evidence that he or she is a protected veteran. Evidence will usually be a copy of the veteran’s “DD-214” form, which is issued by the Defense Department to each veteran upon their separation from the military.315 If any medical information is needed during perfection or the investigation of the complaint, the CO must request that the complainant sign an authorization to release medical information.316
If a CO, after reviewing a complaint, needs clarification or additional information from the complainant to perfect the complaint, they should contact the complainant immediately. Upon completion of complaint perfection, the regional office will determine whether OFCCP will retain and investigate all or part of the complaint allegations for investigation, refer the entire complaint to EEOC, or close the complaint administratively.317
312. To view OFCCP’s jurisdictional thresholds, see https://www.dol.gov/ofccp/taguides/jurisdiction.htm.
313. A few of the possible examples of what might be good cause include, the existence of some extraordinary circumstance that prohibited the complainant from filing before the deadline such as a significant health issue, military deployment, incarceration or possibly being unaware of the discrimination.
314. See Figure F-5 – Complaint Form. Complainants can find the Complaint Form on the OFCCP website where it is available in several languages.
315. The DD-214 is the veteran’s report of separation from the military and contains information such as the date of release from active duty, type of separation, e.g., honorable, reason for separation and any decorations, medals, badges or campaign awards. See http://dd214.us/ for more information about the DD-214.
316. See Letter L-14 – Authorization for Release of Medical Information.
317. See FCCM 6L04 for procedures on closing complaints administratively.