Certified Mail, Return Receipt Requested
U.S. DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
TO: [Complainant’s Name
[__] On behalf of a person whose
identity is confidential
(29 CFR 1601.7(a))
FROM: [OFCCP Office Name
TO THE COMPLAINANT: This is your NOTICE OF RIGHT-TO-SUE under [Title I of the Americans with Disabilities Act of 1990, as amended] [Title VII of the Civil Rights Act of 1964, as amended] based on the above-numbered complaint. It is issued because OFCCP has dismissed your complaint for the following reason:
[Select all that apply]
[__] OFCCP has closed your complaint because, even if proven to be true, the allegation(s) raised in the complaint would not be a violation of the laws enforced by OFCCP.
[__] Your complaint was not filed in a timely manner. [Insert as applicable: Executive Order 11246 requires that a complaint be filed within 180 calendar days from the date of the alleged discriminatory act or Complaints filed under VEVRAA and Section 503 must be filed within 300 calendar days from the date of the alleged discriminatory act to be timely.] [Insert if an extension had been requested: Your request for extension of the filing requirement and the additional information provided did not meet the criteria necessary to allow an extension for good cause for your delayed filing.] Accordingly, we have closed your complaint.
[__] You 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 your complaint.
[__] You refused to enter into a conciliation agreement, the terms of which OFCCP determined to be reasonable.
[__] OFCCP has made reasonable efforts to locate you and has been unable to do so. You have had at least 60 calendar days in which to respond to a notice sent to your last known address. OFCCP has closed the complaint because we are unable to proceed without your cooperation.
The issuance of this NOTICE OF RIGHT-TO-SUE concludes OFCCP processing of your complaint. If you wish to pursue your complaint further, you have the right to sue the employer named in your complaint in federal or state court. IF YOU DECIDE TO SUE, YOU MUST DO SO WITHIN 90 DAYS OF YOUR RECEIPT OF THIS NOTICE. OTHERWISE, YOUR RIGHT TO SUE IS LOST. (The time limit for filing suit based on a state claim may be different.)
An informational copy of this Notice has been sent to the following employer named in your complaint:
[insert employer’s name and address]
For the United States Department of Labor,
Enclosures (2): Information Related to Filing Suit under Title VII and the ADA
Copy of Complaint
cc: [insert name of complainant’s attorney]
[insert name of contractor’s attorney]
[insert name of EEOC field office contact]