[Title 40 CFR 7.120]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY]
[Subchapter A - GENERAL]
[Part 7 - NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY]
[Subpart E - Agency Compliance Procedures]
[Sec. 7.120 - Complaint investigations.]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT12002-07-012002-07-01falseComplaint investigations.7.120Sec. 7.120PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCYGENERALNONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCYAgency Compliance Procedures
Sec. 7.120 Complaint investigations.
The OCR shall promptly investigate all complaints filed under this
section unless the complainant and the party complained against agree to
a delay pending settlement negotiations.
(a) Who may file a complaint. A person who believes that he or she
or a specific class of persons has been discriminated against in
violation of this part may file a complaint. The complaint may be filed
by an authorized representative. A complaint alleging employment
discrimination must identify at least one individual aggrieved by such
discrimination. Complaints solely alleging employment discrimination
against an individual on the basis of race, color, national origin, sex
or religion shall be processed under the procedures for complaints of
employment discrimination filed against recipients of Federal assistance
(see 28 CFR part 42, subpart H and 29 CFR part 1691).
Complainants are encouraged but not required to make use of any
grievance procedure established under Sec. 7.90 before filing a
complaint. Filing a complaint through a grievance procedure does not
extend the 180 day calendar requirement of paragraph (b)(2 of this
(b) Where, when and how to file complaint. The complainant may file
a complaint at any EPA office. The complaint may be referred to the
region in which the alleged discriminatory acts occurred.
(1) The complaint must be in writing and it must describe the
alleged discriminatory acts which violate this part.
(2) The complaint must be filed within 180 calendar days of the
alleged discriminatory acts, unless the OCR waives the time limit for
good cause. The filing of a grievance with the recipient does not
satisfy the requirement that complaints must be filed within 180 days of
the alleged discriminatory acts.
(c) Notification. The OCR will notify the complainant and the
recipient of the agency's receipt of the complaint within five (5)
(d) Complaint processing procedures. After acknowledging receipt of
a complaint, the OCR will immediately initiate complaint processing
(1) Preliminary investigation. (i) Within twenty (20) calendar days
of acknowledgment of the complaint, the OCR will review the complaint
for acceptance, rejection, or referral to the appropriate Federal
(ii) If the complaint is accepted, the OCR will notify the
complainant and the Award Official. The OCR will also notify the
applicant or recipient complained against of the allegations and give
the applicant or recipient opportunity to make a written submission
responding to, rebutting, or denying the allegations raised in the
(iii) The party complained against may send the OCR a response to
the notice of complaint within thirty (30) calendar days of receiving
(2) Informal resolution. (i) OCR shall attempt to resolve complaints
informally whenever possible. When a complaint cannot be resolved
informally, OCR shall follow the procedures established by paragraphs
(c) through (e) of Sec. 7.115.
(e) Confidentiality. EPA agrees to keep the complainant's identity
confidential except to the extent necessary to carry out the purposes of
this part, including the conduct of any investigation, hearing, or
judicial proceeding arising thereunder. Ordinarily in complaints of
employment discrimination, the name of the complainant will be given to
the recipient with the notice of complaint.
(g) Dismissal of complaint. If OCR's investigation reveals no
violation of this part, the Director, OCR, will dismiss the complaint
and notify the complainant and recipient.