Letter L-12: 10-Day Notice to Complainant

[Date]

 

[Name and address of

Complainant or

Authorized Representative]            

 

Complaint Reference Number: [number]                     

 

Dear [insert Name of Complainant or Authorized Representative]:

 

This is to acknowledge receipt of your complaint against [insert: name of employer] [insert if appropriate: on behalf of (name of person)] alleging a violation of [insert: Executive Order 11246, as amended; and/or Section 503 of the Rehabilitation Act of 1973, as amended (Section 503); and/or Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA)].

[Insert for Executive Order 11246 and/or Section 503 complaints only: Under the provisions of a Memorandum of Understanding Between the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) effective November 7, 2011; and/or regulations at 41 CFR Part 60-742], the complaint is deemed simultaneously dual filed as a charge under [insert as appropriate: Title VII of the Civil Rights Act of 1964, as amended (Title VII); and/or Title I of the Americans with Disabilities Act, as amended (ADA)].

[Insert for Executive Order 11246 and/or Section 503 complaints only: Title VII and/or the ADA] requires us to provide the employer against whom a complaint is filed with a notice of filing within 10 calendar days of our receipt of a complaint.  Enclosed is a copy of the notice forwarded to [name of employer] concerning your complaint.

[Insert whichever of the following statements are applicable]

  • We have determined that OFCCP has jurisdiction to address all of the allegations of employment discrimination stated in your complaint and will proceed with an investigation.
  • [Insert for full transfer] We have closed your complaint because [the complaint alleges individual discrimination covered by Title VII; the complaint alleges a violation of the Age Discrimination in Employment Act; or the complaint alleges a violation of the ADA and individual discrimination covered by Title VII and/or the Age Discrimination in Employment Act; and/or the complaint alleges discrimination under Title II of the Genetic Information Nondiscrimination Act of 2008.]  The complaint, in its entirety, has been transferred to the EEOC for investigation. 
  • [Insert for full transfer] We have closed your complaint because we are unable to establish jurisdiction.  Your complaint has been referred to the [EEOC or other appropriate agency] for consideration.
  • [For partial transfer] We have determined that OFCCP has jurisdiction over and will retain for investigation the following allegations: [insert description of retained allegations and their bases].  However, OFCCP has transferred to [insert EEOC or other appropriate agency] the following allegations: [insert description of allegations being transferred]. 
  • We have not yet determined whether OFCCP has jurisdiction to investigate your complaint.  We will notify you immediately if we establish jurisdiction over the employer.  OFCCP will investigate your complaint under [insert: Executive Order 11246, Section 503, and/or VEVRAA; or, if complaint is dual-filed, insert:  Executive Order 11246 and Title VII and/or Section 503 and the ADA].  If we are unable to establish jurisdiction over all or part of the complaint, we will inform you. 

Please be sure to contact [compliance officer] at [telephone number] if you change your address or telephone number. 

Sincerely,

[Name of regional director]

Regional Director

Enclosure: 10-Day Notice to Employer/Contractor

Page Last Reviewed or Updated: December 30, 2019