EEOERCR1 ;HISC/JWR - CONTINUATION OF LETTER OF RIGHTS AND RESPONSIBILITIES TEXT ;Apr 20, 1995
;;2.0;EEO Complaint Tracking;;Apr 27, 1995
F CT=1:1 S EEOTX=$E($T(TEXT+CT),4,255) Q:EEOTX="***" D TXT^EEOERCR
TEXT ;Continued text for letter from ^EEOERCR
;; d. If you are complaining about a matter appealable to the Merit Systems Protection Board (MSPB), you may file an EEO complaint or an MSPB appeal, but not both. Whichever you file first (a formal complaint or an MSPB appeal)
;;*will be considered your election to proceed in that forum.
;; e. You have the right to file a formal EEO complaint 30 calendar days after your initial contact with me, unless you agree, in writing, to an extension of up to 60 calendar days. You also have the right to file a formal
;;*complaint within 15 calendar days of receipt of a written Notice of Final Interview With EEO Counselor from me.
;; f. If you are complaining about age discrimination, you have the right to file a lawsuit in Federal District Court, without filing a formal EEO complaint, if you first notify the Equal Employment Opportunity Commission (EEOC), 1801
;;*L Street, NW Washington, DC 20507 of your intent to do so, at least 30 calendar days in advance of the filing of your lawsuit.
;; g. If you are complaining about sex based on wage discrimination (that is, being paid less than a person of the opposite sex even though you are doing equal work), you may file a formal EEO complaint, or file a lawsuit
;;*directly in Federal District Court, under the Equal Pay Act. In addition to other remedies available through the Formal EEO complaint process, liquidated damages are available where there has been a willful violation of the
;;*Equal Pay Act.
;; h. If you file a formal EEO complaint which is procedurally acceptable, you have the right to a hearing before an Administrative Judge of the EEOC after 180 days from the date you file your formal complaint or after completion
;;*of the investigation, whichever comes first.
;; i. Except for complaints of age discrimination, you have the right to file a lawsuit in Federal District Court at any time 180 days after filing a formal EEO complaint, up to 90 calendar days after receiving a final agency
;;*decision from VA. You also have the right to appeal a final agency decision to EEOC, within 30 calendar days of receipt. If you choose to appeal a final agency decision to EEOC, you have the right to file a lawsuit in
;;*Federal District Court at any time 180 calendar days after filing such an appeal, up to 90 calendar days after receiving an appellate decision from EEOC.
;; j. If you believe that other individuals, similarly situated to you, have suffered from the same kind of discrimination, you may have the right to file a class action complaint. A class action complaint must allege
;;*that you have been individually harmed by a VA personnel management policy or practice which has similarly harmed other class members. As class agent, you must allege that the class is so numerous that a consolidated complaint of
;;*the members of the class is impractical; that there are questions of fact common to the class; that your claims are typical of the claims of the class; and that you or your representative will fairly and adequately
;;*protect the interests of the class. EEOC also requires that a class agent be represented by a qualified attorney.
;; k. You have the responsibility to cooperate with the VA during the processing of your complaint. If you file a formal EEO complaint, you must keep VA informed of your current address; you must claim any certified mail
;;*sent to you; and you must cooperate with any investigator assigned to your complaint. If you eventually file an appeal with EEOC about your complaint, you must serve copies of your appeal papers on VA.
;; l. If your complaint involves backpay, you have a duty to mitigate damages, by actively seeking and/or retaining employment. Interim earnings or amounts which could be earned by a complainant with reasonable diligence
;;*generally must be deducted from backpay.
;; m. Finally you must limit any formal EEO complaint you may file to those matters you discussed with me, or to like or related matters (that is, matters which are sub-components of those matters or which are unmistakably
;;*derived from those matters). To protect your rights, discuss everything with me before you file a formal EEO complaint.
;;3. If you wish to discuss your rights and responsibilities further please advise:
;;^^EEORCN^^ (Your EEO Counselor)
;;Received by: ______________________________ Date: ___________