U.S. Department of the Interior

Office of the Secretary
Washington, D.C.  20240
February 12, 2004


Equal Opportunity Directive 2004-11
To:                   Bureau and Office Equal Opportunity Officers
From:               E. Melodee Stith, Director, Office for Equal Opportunity

Subject:            Revised Guidance on Title III of the No Fear Act

Attached for your information and use is the revised format and guidance for completing the Title III reporting for the No Fear Act.  This guidance has been revised pursuant to the Interim Final Rule issued by the Equal Employment Opportunity Commission on January 26, 2004.  The revised format is consistent with our posting requirements in the formats required by Title III.

Of particularly note, the Interim Final Rule modified the initial guidance as follows:

  1. In 1614.704(l) regarding the number of complaints in which an investigation is not timely completed, the Commission clarified this section to make it clear that a complaint is timely investigated if completed within 180 days “plus any valid extensions.”  Therefore, all complaints over 180 days are not untimely.

  2. In 1614.704(d) and (e) regarding the bases and issues, the Commission has decided to eliminate the requirement that agencies post the issues and bases added by amendment.  Therefore, only the bases and issues raised in the initial complaint are posted.

  3. In reference to the previous identified sections on counseling, the Commission has decided to eliminate counseling as a defined step in the complaint process.  The elimination of the counseling process is because not all counseling contacts result in a formal complaint.

The above are the major changes in the data to be posted for the No Fear Act. You are encouraged to read the Interim Final Rule to fully understand the requirements of Title III.  As a practical matter, the Title III posting requirements will be used by the office in its efforts to enforce compliance with Federal EEO Complaint Regulations.  You are encouraged to conduct your own assessments as well.

Please note that the Title III reporting requirements are due to the office by the 15th day after the end of each quarter.

Should you need assistance, please feel free to contact us.

Attachment    - Title III Reporting Format
                       - DOI Guidance

This EOD supercedes EOD 2004-02 and EOD 2004-04, in pertinent part

Inquiries:           E. Melodee Stith, Director, Office for Equal Opportunity, (202) 208-5693 or melodee_stith@ios.doi.gov