Any time that OFCCP administratively closes a dual filed complaint, a Notice of Right-to-Sue must be issued.355 Administrative closures may occur at the conclusion of complaint perfection or during the complaint investigation. With dual filed complaints that are administratively closed, the Regional Director, or designee, will issue the Notice of Right-to-Sue to the complainant and send copies of the Notice to the contractor and the appropriate EEOC field office.
OFCCP administratively closes complaint investigations for several reasons, including:
- Even if proven to be true, the allegations raised in the complaint would not be a violation of the laws enforced by OFCCP;
- Complainant did not file within the applicable timeframes and good cause was not shown for an extension of the filing period;
- Complainant failed to provide requested necessary information, failed to appear or refused to be available for necessary interviews or conferences, or otherwise refused to cooperate to the extent that OFCCP is unable to complete its investigation of the complaint; or
- The CO cannot locate or complainant failed to respond to a notification sent to last known address within reasonable timeframe.
355. See Letter L-24 – Notice of Right-to-Sue under Title I of the ADA or Title VII (Administrative Closure). Appendix A-11 – Information Related to Filing Suit under Title VII and Title I of the ADA must also be included with L-24.