033 FW 6, Equal Opportunity Functions


FWM#:     283 (new)
Date:         December 20, 1996
Series:       Delegations
Part 033:   General Administrative Redelegations
Originating Office: Division of Policy and Directives Management

6.1 Redelegation. The authority delegated to the Director pursuant to 242 DM 2 (also published as 031 FW 2) and 205 DM 17 as they pertain to equal opportunity functions is redelegated below.

6.2 Operational Civil Rights Functions.

A. Authority.

(1) The Chief, Office for Human Resources is authorized to process civil rights complaints, conduct complaint investigations and compliance reviews, and provide technical assistance and training in covered program areas under their jurisdiction pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 as amended, Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Title IX of the Education Amendments of 1972 (205 DM 17.1A).

(2) Regional Directors are authorized to conduct compliance reviews, provide technical assistance and training to recipients of Federal financial assistance, and ensure Regional civil rights program administration.

B. Limitation. The authority to take enforcement actions against recipients or respondents including, but not limited to, the termination of Federal assistance and referrals to the Department of Justice is reserved to the Director, Office for Equal Opportunity (205 DM 17.2).

6.3 Federal Equal Employment Opportunity Functions.

A. Authority.

(1) The Chief, Office for Human Resources is authorized to accept individual complaints of discrimination and investigate complaints under Title VII of the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act of 1967, as amended (205 DM 17.1B).

(2) Regional and Assistant Directors are authorized to administer precomplaint processing and adjudication of individual complaints of discrimination, and resolve complaints through utilization of mediation and other alternative dispute resolution methods.

B. Limitation. The authority for the acceptance and investigation of class action complaints is reserved to the Director, Office for Equal Opportunity (205 DM 17.4B).

6.4 Settlement Agreements for EEO Complaints.

A. Authority. Regional and Assistant Directors are authorized to approve settlement agreements which include provisions for monetary awards, including payment of attorney's fees and compensatory damages, of not more than $40,000, so long as neither the attorney's fees nor the compensatory damages exceed $20,000. In this regard, Assistant Directors must secure the concurrence of the Chief, Office for Human Resources.

B. Limitations.

(1) All settlement agreements that include attorney's fees must be approved by the Office of the Solicitor prior to payment regardless of the amount.

(2) Approval of settlement agreements in excess of $40,000 (including those involving more than $20,000 compensatory damages or $20,000 attorney's fees) is reserved to the Director, Office for Equal Opportunity. These proposals must be submitted through the Office for Human Resources and be approved by the Director.
 


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