29 CFR 1614.105 - Pre-complaint processing

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1767 practice notes
  • Affirmative Action for Individuals With Disabilities in Federal Employment
    • United States
    • Federal Register January 03, 2017
    • January 3, 2017
    ...provides instructions on how to file a complaint of discrimination pursuant to 29 CFR 1614.106, and explains that, pursuant to 29 CFR 1614.105, the right to file a complaint will be lost unless the job applicant or employee initiates contact with an EEO Counselor within 45 days of the denia......
  • 109 F.Supp.2d 332 (E.D.Pa. 2000), Civ.A.98-CV-2736, Koschoff v. Henderson
    • United States
    • Federal Cases United States District Courts 3th Circuit United States District Court (Eastern District of Pennsylvania)
    • July 13, 2000
    ...to contact an agency counselor within forty-five days of an alleged incident in order to resolve the problem informally. See 29 C.F.R. § 1614.105(a)(1). If this informal complaint is not resolved within thirty days, Page 344 plaintiff has fifteen additional days to file a formal EEOC compla......
  • 139 F.Supp.2d 725 (E.D.Va. 2001), Civ.A. 00-991, Szedlock v. Tenet
    • United States
    • Federal Cases United States District Courts 4th Circuit United States District Court (Eastern District of Virginia)
    • April 11, 2001
    ...the applicable statute of limitations barred the imposition of liability for all events that occurred before September 30, 1996, see 29 C.F.R. § 1614.105(a)(1); Zografov v.. V.A. Medical Ctr., 779 F.2d 967, 968-70 (4th Cir. 1985), and (ii) plaintiff's claims for hearing loss and related med......
  • 77 F.3d 189 (7th Cir. 1996), 94-3059, Miller v. Runyon
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (7th Circuit)
    • February 26, 1996
    ...required a complainant to bring "the matter causing him to believe he had been discriminated against within 30 [now 45, see 29 C.F.R. § 1614.105(a)(1); Johnson v. Runyon, 47 F.3d 911, 915 n. 2 (7th Cir.1995) ] calendar days" to the attention of an equal employment opportunity coun......
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1680 cases
  • 77 F.3d 189 (7th Cir. 1996), 94-3059, Miller v. Runyon
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Seventh Circuit
    • February 26, 1996
    ...required a complainant to bring "the matter causing him to believe he had been discriminated against within 30 [now 45, see 29 C.F.R. § 1614.105(a)(1); Johnson v. Runyon, 47 F.3d 911, 915 n. 2 (7th Cir.1995) ] calendar days" to the attention of an equal employment opportunity coun......
  • Woosley v. Contreras-Sweet, 100515 NMDC, 14-302 LH/LAM
    • United States
    • Federal Cases United States District Courts 10th Circuit District of New Mexico
    • October 5, 2015
    ...case of personnel action, within 45 days of the effective date of the action” in order to try to informally resolve the matter. See 29 C.F.R § 1614.105(a)14; see Green, 760 F.3d at 1139-40 (detailing steps in administrative process for federal employees). The Tenth Circuit has stated that a......
  • 139 F.Supp.2d 725 (E.D.Va. 2001), Civ.A. 00-991, Szedlock v. Tenet
    • United States
    • Federal Cases United States District Courts 4th Circuit Eastern District of Virginia
    • April 11, 2001
    ...the applicable statute of limitations barred the imposition of liability for all events that occurred before September 30, 1996, see 29 C.F.R. § 1614.105(a)(1); Zografov v.. V.A. Medical Ctr., 779 F.2d 967, 968-70 (4th Cir. 1985), and (ii) plaintiff's claims for hearing loss and related med......
  • 366 F.Supp.2d 104 (D.Me. 2005), CV-03-135, Randall v. Potter
    • United States
    • Federal Cases United States District Courts 1st Circuit District of Maine
    • February 9, 2005
    ...remedies, a plaintiff must contact an EEOC counselor within forty-five days of the allegedly discriminatory incident. 11 29 C.F.R. § 1614.105(a)(1); see also Velazquez-Rivera v. Danzig, 234 F.3d 790, 794 (1st Cir.2000)(administrative remedies had not been exhausted since there had been no c......
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7 firm's commentaries
  • Second Circuit Court of Appeals Ruling in Townsend v. Benjamin Enterprises, Inc.
    • United States
    • JD Supra United States
    • May 9, 2012
    ...EEO counselor within forty-five days of the discriminatory conduct in order to exhaust administrative remedies. See id. at 575-76; 29 C.F.R. § 1614.105(a)(1) (2010). -17-1 employee’s internal investigation of sexual harassment 2 allegations constituted protected activity, this Court 3 analy......
  • Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims
    • United States
    • JD Supra United States
    • May 25, 2016
    ...process by contacting an EEO counselor in the employee’s agency within 45 days of the “matter alleged to be discriminatory.” 29 C.F.R. § 1614.105(a)(1). The U.S. Court of Appeals for the Tenth Circuit affirmed, holding that the limitations period for the constructive discharge period began ......
  • Supreme Court Clarifies The Time Period For Initiating Constructive Discharge Claims
    • United States
    • Mondaq United States
    • June 1, 2016
    ...by contacting an EEO counselor in the employee's agency within 45 days of the "matter alleged to be discriminatory." 29 C.F.R. § 1614.105(a)(1). The U.S. Court of Appeals for the Tenth Circuit affirmed, holding that the limitations period for the constructive discharge period bega......
  • Supreme Court Docket Report - April 27, 2015
    • United States
    • Mondaq United States
    • April 28, 2015
    ...matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action." 29 C.F.R. § 1614.105(a)(1). Private-sector employees must file an administrative charge of discrimination "within [180] days after the alleged unlawful emp......
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2 books & journal articles
10 provisions
  • Affirmative Action for Individuals With Disabilities in Federal Employment
    • United States
    • Federal Register January 03, 2017
    • January 3, 2017
    ...provides instructions on how to file a complaint of discrimination pursuant to 29 CFR 1614.106, and explains that, pursuant to 29 CFR 1614.105, the right to file a complaint will be lost unless the job applicant or employee initiates contact with an EEO Counselor within 45 days of the denia......
  • Federal Sector Equal Employment Opportunity
    • United States
    • Federal Register July 25, 2012
    • July 25, 2012
    ...in protected EEO activity.\1\ --------------------------------------------------------------------------- \1\ Additionally, under 29 CFR 1614.105(a)(1), an aggrieved person is required to contact a counselor within 45 days of the date of the alleged discriminatory action unless that time pe......
  • Notice of Information Collection
    • United States
    • Federal Register May 01, 2018
    • May 1, 2018
    ...to establish procedures for processing individual and class complaints of discrimination that include the provisions contained in 29 CFR 1614.105 through 1614.110 and in Sec. 1614.204, which are consistent with all other applicable Federal EEO regulations and complaint processing requiremen......
  • Agency Information Collection Activities; Submission for OMB Review; Comment Request; EEO Complaint Forms
    • United States
    • Federal Register March 23, 2018
    • March 23, 2018
    ...and gender identity), national origin, age (over 40), disability, genetic information, parental status, or retaliation. Pursuant to 29 CFR 1614.105, the aggrieved must participate in pre-complaint counseling to try to informally resolve his/her complaint prior to filing a complaint of discr......
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