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merit in all occupations and levels of 87.15 Responsibilities of managers responsibility;

and supervisors. (b) Communicate the Department's

All managers and supervisors of the equal employment opportunity policy

Department are responsible for: and program and its employment needs

(a) Removing barriers to EEO and ento all sources of job candidates without

suring that Affirmative Employment regard to race, color, religion, sex, na

objectives are accomplished in their tional origin, disability or age and so

areas of responsibility; licit their recruitment assistance on a

(b) Evaluating subordinate managers continuing basis;

and supervisors on their performance (c) As appropriate, provide personnel

of EEO/AE responsibilities; information to EEO counselors and

(c) Encouraging and taking positive others who are involved in the decision

steps to ensure respect for and accepton a discrimination complaint;

ance of minorities, women and persons (d) Evaluate hiring methods and with disabilities, veterans and others practices to insure impartial consider of diverse characteristics in the work ation for all job applicants;

force; (e) Ensure that new employee ori (d) Providing for the non-discriminaentation programs contain appropriate tory treatment of all employees and for references to the Department's EEO/AE providing full and fair opportunity for policies and programs;

all employees in obtaining employment (1) Participate in the preparation and and career advancement, including supdistribution of such educational mate port for F.A.I.R., the Upward Mobility rials as may be necessary to inform Program, the Mentoring Program and adequately all employees of their the Individual Development Plan; rights and responsibilities as described (e) Encouraging and authorizing staff in this part, including the Depart participation in the various Diversity ment's directives issued to carry out Program observances; the Equal Employment Opportunity (f) Being proactive in addressing Program;

EEO/AE issues, and for work environ(g) In coordination with the Director ments that encourage and support of the Training Academy, develop an complaint avoidance through sound on-going training program for various management and personnel practices; levels of administration and super (g) Resolving complaints of discrimivision, to ensure understanding of the nation early in the EEO process either Departmental EEO/AE programs, pol- independently, or through the use of icy and requirements which fosters ef alternate dispute resolution techfective teamwork and high morale, and niques, when it is the right thing to do provide communication with employ and when it represents a sound busiets on any matter related to equal em ness decision; and ployment opportunity;

(h) Making reasonable accommoda(h) Decide all personnel actions on tion to the religious and disability merit principles in a manner which will needs of applicants and employees demonstrative affirmative equal em when those accommodations can be ployment opportunity for the organiza made without undue hardship on the tion;

business of the agency. (1) Ensure the greatest possible utilization and development of the skills $7.16 Responsibilities of employees. and potential ability of all employees; All employees of the Department are

() Track applicant flow and prompt responsible for: ly take or recommend appropriate ac (a) Being informed as to the Departtion to overcome any impediment to ment's EEO/AE programs; the achievement of the objectives of (b) Adopting an attitude of full acthe EEO/AE programs; and

ceptance of minority, female and dis(k) Provide recognition to employees, abled group associates, and support of supervisors, managers and units dem F.A.I.R.; onstrating superior accomplishment in (c) Providing equality of treatment equal employment opportunity.

of, and service to, all citizens with

whom they come in contact in carrying out their job responsibilities; and

(d) Providing assistance to supervisors and managers in carrying out their responsibilities in the EEO/AE programs.

PRECOMPLAINT PROCESSING

$7.25 Precomplaint processing.

The regulations in 29 CFR 1614.105, concerning precomplaint processing shall apply.

87.32 Contents.

(a) The complaint filed should include the following information:

(1) The specific action or personnel matter which is alleged to be discriminatory;

(2) The date the act or matter occurred;

(3) The protected basis or bases on which the alleged discrimination occurred;

(4) Facts and other pertinent information to support the allegation of discrimination; and

(5) The relief desired.

(b) To expedite the processing of complaints of discrimination, the Complainant should use HUD EEO-1 form to file the complaint.

COMPLAINTS

87.30 Presentation of complaint.

At any stage in the presentation of a complaint, including the counseling stage, the Complainant shall be free from restraint, interference, coercion, discrimination, or reprisal and shall have the right to be accompanied, represented, and advised by a representative of the Complainant's own choosing, except as limited by 29 CFR 1614.605. If the Complainant is an employee of the Department, the employee shall have a reasonable amount of official time to present the complaint if the employee is otherwise in an active duty status. If the Complainant is an employee of the Department and designates another employee of the Department Complainant's representative, the representative shall be free from restraint, interference, coercion, discrimination, or reprisal, and shall have a reasonable amount of official time, if the representative is otherwise in an active duty status, to present the complaint.

87.33 Acceptability.

The Director of EEO shall determine whether the complaint comes within the purview of the EEO regulations at 29 CFR part 1614 and shall advise the Complainant and Complainant's representative in writing of the acceptance or dismissal of the allegation(s) of the complaint. Should the Director of EEO dismiss the complaint or any allegations contained in the complaint, the written decision to the Complainant shall inform Complainant of the complainant's right to appeal the decision and of the time limit applicable to the right of appeal, if Complainant believes the dismissal improper.

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87.31 Who may file a complaint, with

whom filed, and time limits. Any aggrieved person (hereafter referred to as the Complainant) who has observed the provisions of $7.25 may file a complaint if the matter of discrimination was not resolved to the complainant's satisfaction. The complaint must be filed with the Director of EEO within fifteen (15) days of receipt of the Notice of Right to File a Complaint issued by the EEO Counselor. The Department may accept a complaint only if the Complainant has met the appropriate requirements contained in 29 CFR 1614.605.

$7.34 Processing.

(a) The Director of EEO will process complaints filed under 29 CFR part 1614 for the Department. The Director or the Director's designee has jurisdiction of any case.

(b) The Director of EEO shall provide for the development of a complete and impartial record on which to decide the merits of the allegations accepted for investigation.

(1) The person assigned to develop the factual record for the complaint shall occupy a position in the Department which is not, directly or indirectly, under the jurisdiction of the head of the part of the Department in which the complaint arose, or the person shall develop the record under a contract with the Department.

(2) The Department will develop a tiated grievance procedure is indicated complete and impartial factual record, by the filing of a timely grievance. subject to the requirements of 29 CFR (b) An aggrieved individual alleging part 1614, upon which to make findings discrimination on the basis of race, on the matters raised in the complaint color, religion, sex, national origin, age and accepted for processing.

or disability related to or stemming (3) The Director of EEO will provide from an action that can be appealed to the Complainant and the EEO Officer a the Merit Systems Protection Board copy of the record developed.

(MSPB) can file a complaint under

these procedures, or an appeal with the 87.35 Hearing.

MSPB, but not both. Whichever is filed (a) The Director of EEO will notify first, the complaint or the appeal, is the Complainant of the Complainant's considered an election to proceed in right to request an administrative that forum. hearing before the Equal Employment Opportunity Commission or a Final

Subpart B-[Reserved) Agency Decision from the Department and the timeframes for executing the

PART 8-NONDISCRIMINATION right to request an administrative

BASED ON HANDICAP IN FEDERhearing.

ALLY ASSISTED PROGRAMS AND (b) The Director of EEO will notify the appropriate EEOC office of Com

ACTIVITIES OF THE DEPARTMENT plainant's timely request for a hearing

OF HOUSING AND URBAN DEand request the appointment of an ad- VELOPMENT ministrative judge to conduct the hearing pursuant to 29 CFR 1614.109.

Subpart A-General Provisions 87.36 Decision by Director of EEO.

Sec.

8.1 Purpose. Following consultation with the Gen

8.2 Applicability. eral Counsel and the Assistant Sec

8.3 Definitions. retary for Administration, the Director 8.4 Discrimination prohibited. of EEO shall make the final agency de- 8.5 (Reserved) cision for the Department based on the

8.6 Communications. record developed through the process

Subpart B-Employment ing of the complaint. The decision shall require the remedial and correc- 8.10 General prohibitions against employtive action necessary to ensure that ment discrimination. the Department is in compliance with 8.11 Reasonable accommodation, the EEO statutes and to promote the 8.12 Employment criteria. Department's policy of equal employ

8.13 Preemployment inquiries. ment opportunity.

Subpart C-Program Accessibility $7.37 Rights of appeal.

8.20 General requirement concerning proThe provisions of 29 CFR part 1614, gram accessibility. subpart D, shall govern rights of ap

8.21 Non-housing facilities. peal.

8.22 New construction housing facilities. 8.23 Alterations of existing housing facili

ties. 87.38 Relationship to other HUD ap

8.24 Existing housing programs. pellate procedures.

8.25 Public housing and multi-family Indian (a) An aggrieved individual covered housing. by a collective bargaining agreement 8.26 Distribution of accessible dwelling that permits allegations of discrimina- units. tion to be raised in a negotiated griev

8.27 Occupancy of accessible dwelling units. ance procedure can file a complaint

8.28 Housing certificate and housing vouch

er programs. under these procedures or a negotiated

8.29 Homeownership programs (Sections grievance, but not both. An election to

235(1) and 235(j), Turnkey III and Indian proceed under this part is indicated

Housing Mutual Self-Help Programs). only by filing of a written complaint. 8.30 Rental rehabilitation program. An election to proceed under a nego- 8.31 Historic properties.

8.32 Accessibility standards. 8.33 Housing adjustments.

Subpart D-Enforcement

8.50 Assurances required. 8.51 Self-evaluation. 8.52 Remedial and affirmative action. 8.53 Designation of responsible employee

and adoption of grievance procedures. 8.54 Notice. 8.55 Compliance information. 8.56 Conduct of investigations. 8.57 Procedure for effecting compliance. 8.58 Hearings. 8.59 Decisions and notices.

cessibility by physically-handicapped persons imposed under the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157; 24 CFR part 40).

(b) The policies and standards for compliance established by this part are established in contemplation of, and with a view to enforcement through, the Department's administration of programs or activities receiving Federal financial assistance and the administrative procedures described in subparts D and E (including, without limitation, judicial enforcement under $8.57(a)).

Subpart E-Practice and Procedure for

Hearings

8.60 General information. 8.61 Appearance and practice. 8.62 Parties. 8.63 Form, execution, service and filing of

documents 8.64 Time. 8.65 Proceedings prior to hearing. 8.66 Responsibilities and duties of adminis

trative law judge. 8.67 Hearing procedures. 8.68 The record. 8.69 Posthearing procedures, decisions. 8.70 Judicial standards of practice. 8.71 Post-termination proceedings.

AUTHORITY: 29 U.S.C. 794; 42 U.S.C. 3535(d) and 5309.

SOURCE: 53 FR 20233, June 2, 1988, unless otherwise noted.

Subpart A-General Provisions

$ 8.2 Applicability.

This part applies to all applicants for, and recipients of, HUD assistance in the operation of programs or activities receiving such assistance. Such assistance includes, but is not limited to, that which is listed in appendix A of this part. 88.3 Definitions.

As used in this part:

Accessible, when used with respect to the design, construction, or alteration of a facility or a portion of a facility other than an individual dwelling unit, means that the facility or portion of the facility when designed, constructed or altered, can be approached, entered, and used by individuals with physical handicaps. The phrase accessible to and usable by is synonomous with accessible.

Accessible, when used with respect to the design, construction, or alteration of an individual dwelling unit, means that the unit is located on an accessible route and when designed, constructed, altered or adapted can be approached, entered, and used by individuals with physical handicaps. A unit that is on an accessible route and is adaptable and otherwise in compliance with the standards set forth in $8.32 is accessible within the meaning of this paragraph. When a unit in an existing facility which is being made accessible as a result of alterations is intended for use by a specific qualified individual with handicaps (e.g., a current occupant of such unit or of another unit under the control of the same recipient, or an applicant on a waiting list), the unit will be deemed accessible if it

88.1 Purpose.

(a) The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development. This part also implements section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309). This part does not effectuate section 504 as it applies to any program or activity conducted by the Department. Compliance with this part does not assure compliance with requirements for ac

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meets the requirements of applicable standards that address the particular disability or impairment of such person.

Accessible route means a continuous unobstructed path connecting accessible elements and spaces in a building or facility that complies with the space and reach requirements of applicable standards prescribed by $8.32. An accessible route that serves only accessible units occupied by persons with hearing or vision impairments need not comply with those requirements intended to effect accessibility for persons with mobility impairments.

Adaptability means the ability of certain elements of a dwelling unit, such as kitchen counters, sinks, and grab bars, to be added to, raised, lowered, or otherwise altered, to accommodate the needs of persons with or without handicaps, or to accommodate the needs of persons with different types or degrees of disability. For example, in a unit adaptable for a hearing-impaired person, the wiring for visible emergency alarms may be installed but the alarms need not be installed until such time as the unit is made ready for occupancy by a hearing-impaired person.

Alteration means any change in a facility or its permanent fixtures or equipment. It includes, but is not limited to, remodeling, renovation, rehabilitation, reconstruction, changes or rearrangements in structural parts and extraordinary repairs. It does not include normal maintenance or repairs, reroofing, interior decoration, changes to mechanical systems.

Applicant for assistance means one who submits an application, request, plan, or statement required to be approved by a Department official or by a primary recipient as a condition of eligibility for Federal financial assistance. An application means such a request, plan or statement.

Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving Federal financial assistance. For example, auxiliary aids for persons with impaired vision may include readers, Brailled materials, audio recordings,

and other similar services and devices. Auxiliary aids for persons with impaired hearing may include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written materials, and other similar services and devices.

Department or HUD means the Department of Housing and Urban Development.

Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other real or personal property or interest in the property.

Federal financial assistance means any assistance provided or otherwise made available by the Department through any grant, loan, contract or any other arrangement, in the form of:

(a) Funds; (b) Services of Federal personnel; or

(c) Real or personal property or any interest in or use of such property, including:

(1) Transfers or leases of the property for less than fair market value or for reduced consideration; and

(2) Proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government.

Federal financial assistance includes community development funds in the form of proceeds from loans guaranteed under section 108 of the Housing and Community Development Act of 1974, as amended, but does not include assistance made available through direct Federal procurement contracts or payments made under these contracts or any other contract of insurance or guaranty.

Handicap means any condition or characteristic that renders a person an individual with handicaps.

Historic preservation programs or activities means programs or activities receiving Federal financial assistance that have preservation of historic properties as a primary purpose.

Historic properties means those properties that are listed or are eligible for listing in the National Register of Historic Places, or such properties designated as historic under a statute of

or

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