88. Acceptance, Rejection or Cancellation of a Class Complaint

Within 30 calendar days of receipt of a class complaint, the EOUSA EEO staff will forward the complaint with a copy of the counselor's report and any pertinent information relating to the complaint to the Equal Employment Opportunity Commission. The EEOC will assign an administrative judge who will give the EOUSA a written recommendation to accept or dismiss the complaint. The administrative judge's recommendation to accept or dismiss shall become the EOUSA's decision, unless the EOUSA rejects or modifies the decision within 30 calendar days of its receipt. The EOUSA must notify the administrative judge, the agent and the agent's representative of its decision. In the case of rejection or cancellation of the complaint, the EOUSA must notify the agent of his/her right to proceed with his/her individual complaint of discrimination and to appeal the final agency decision on the matter to the Office of Federal Operations, EEOC, within 30 calendar days, or the right to file a civil action within 90 calendar days in the Federal District Court.

[cited in USAM 3-5.211]