[Name and address of employer]
Complaint Reference Number: [number]
Dear [insert name of Employer/Contractor Official]:
This is to notify you that on [insert date] we received a complaint from [insert as appropriate: name of complainant - or - authorized representative] alleging a violation of [insert: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended (Section 503); or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA)].
[Insert for Executive Order 11246 and/or Section 503 complaints only: Under the provisions of a Memorandum of Understanding Between the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) effective November 7, 2011, and/or regulations at 41 CFR Part 60-742], the complaint is deemed simultaneously dual filed as a charge under [insert as appropriate: Title VII of the Civil Rights Act of 1964, as amended (Title VII); and/or Title I of the Americans with Disabilities Act, as amended (ADA)].
The complainant alleges that [insert the name of the employer, and the alleged discriminatory actions or practices, including the date(s) of occurrence and relevant place and circumstances].
[Insert for Executive Order 11246 and/or Section 503 complaints only: Title VII and/or the ADA] requires us to send you notice of the filing within 10 calendar days of our receipt of a complaint.
Insert whichever of the following statements are applicable:
- We have determined that OFCCP has jurisdiction to address the allegations of employment discrimination stated in the complaint and will proceed with an investigation.
- [Insert for full transfer –EEOC better suited to investigate] We have closed the complaint because it contains matters better suited to investigation and resolution by the EEOC under one or more of the laws it enforces. The complaint, in its entirety, has been transferred to the EEOC for investigation.
- [Insert for full transfer – no jurisdiction] We have closed the complaint because we are unable to establish jurisdiction. The complaint has been referred to the [EEOC or other appropriate agency] for consideration.
- [Insert for partial transfer] We have determined that OFCCP has jurisdiction over and will retain for investigation the following allegations: [insert description of retained allegations and their bases]. However, OFCCP has transferred to [insert EEOC or other appropriate agency] the following allegations: [insert description of allegations being transferred].
- We have not yet determined whether OFCCP has jurisdiction to investigate the complaint. If we establish jurisdiction over the employer, OFCCP will investigate the complaint under [insert: Executive Order 11246, Section 503 and/or VEVRAA; or, if complaint is dual filed, insert: Executive Order 11246 and Title VII and/or Section 503 and the ADA]. If we are unable to establish jurisdiction over all or part of the complaint, we will inform you.
Please be advised that both OFCCP and EEOC regulations require that you retain all records pertinent to this complaint and ensure that there is no retaliation because of this complaint.
In the event this complaint was filed with the EEOC under [insert: Title VII and/or the ADA], you may receive a similar 10-day notice from the EEOC. If so, please contact [name] at [telephone number] immediately and we will resolve the matter with the EEOC.
[Name of regional director]