6D03 Complaint Perfection
The regional office will ensure the complaint is perfected within 15 calendar days of receiving the complaint unless good cause is shown for an extension. During complaint perfection, the Investigator determines the timeliness of the complaint; contract coverage; whether the allegations are covered by any of the laws OFCCP enforces; whether to retain, refer or bifurcate the complaint; and whether all the required elements of a complaint are present. If the complaint stems from a pre-complaint inquiry, the Investigator should ensure the CC-4 includes all necessary components listed further in this section and discuss any difference between the CC-390 and CC-4 with the complainant.
Complaints alleging discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, or based on compensation inquiries, discussions or disclosures, must be filed within 180 days from the date of the alleged discrimination unless the time for filing is extended for good cause. If the complaint alleges a violation based on disability or status as a protected veteran, it must be filed within 300 days unless the time for filing is extended for good cause. A few of the possible examples of good cause include: the existence of some extraordinary circumstance that prohibited the complainant from filing before the deadline such as a significant health issue, military deployment, incarceration or possibly being unaware of the discrimination. When determining whether to extend the time for filing for good cause, the Investigator must consult with their supervisor.
The Investigator should encourage complainants to complete and sign the OFCCP complaint form authorized by the OMB, Form CC-4, “Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor” (“Complaint Form”). Complainants can find the Complaint Form on the OFCCP website where it is available in several languages as well as in this manual at Figure F-4. When completed, the Complaint Form contains all the required components of a complaint. However, a complainant is not required to use the Complaint Form in order to file a written complaint, as long as whatever document the complainant submits to OFCCP includes the components described below.
During complaint perfection, Investigators must ensure the following components are included in the written complaint:
- Name, address and telephone number or email address of the complainant;
- Name and address of the employer allegedly committing the discrimination;
- Description of the alleged discriminatory acts, including the basis or bases of discrimination; and
- Signature of the complainant or the complainant’s representative.
Additionally, VEVRAA requires the alleged victim to submit evidence that they are a protected veteran. Evidence must include a copy of the veteran’s “DD-214” form, which is issued by the Defense Department to each veteran upon their separation from the military. (See 41 CFR 60-300.61(b)(iii)). If any medical information is needed during perfection or the investigation of the complaint, the Investigator must request that the complainant sign an authorization to release medical information. Investigators can find a sample letter at Letter L-14 – Authorization for Release of Medical Information.
If an Investigator, after reviewing a complaint, needs clarification or additional information from the complainant to perfect the complaint, they should contact the complainant immediately. Upon completion of complaint perfection, the regional office will determine whether OFCCP will retain and investigate all or part of the complaint allegations for investigation, refer the entire complaint to EEOC, or close the complaint administratively using the procedures in Section 6M04.