86. Class Action Complaints

The terms "class" and "agent of the class" are defined in 29 C.F.R. § 1614.204 as:

A "class" is a group of agency employees, former agency employees, or applicants for employment with the agency, who, it is alleged, have been or are being adversely affected by an agency personnel management policy or practice that discriminates against the group on the basis of their common race, color, religion, sex, national origin, age or handicap. An agent of the class is a class member who acts for the class during the processing of the class complaint.

An employee or applicant who wishes to be an agent of a class and who believes he/she has been discriminated against shall contact an EEO Counselor within 45 calendar days of the matter giving rise to the allegation of individual discrimination. The counselor has 30 calendar days to resolve the complaint informally. At the end of this 30-day period, the counselor will notify the complainant in writing, at the time of final interview, of his/her right to file a formal class complaint of discrimination.

[cited in USAM 3-5.211]