BOP Program Statement 3713.34 § 14

29 CFR § 1614.204 provides for processing class complaints of discrimination. A class is defined

as a group of staff, former staff, or applicants who are alleged to have been adversely affected by

an agency personnel policy or practice which discriminates against the group on the basis of their

common race, color, religion, sex, national origin, age, or disability.

A class complaint is a written complaint of discrimination filed on behalf of the class by the

agent of the class, alleging the class is so numerous that a consolidated complaint by the

members of the class is impractical, there are questions of fact common to the class, the claims

of the agent of the class are typical of the claims of the class, and the agent of the class and, if

represented, the representative will fairly and adequately protect the interests of the class.

The regulatory requirements for class complaints at 29 CFR § 1614.204 provide a structure

different from that for individual complaints. For class complaints, there is a four-stage process.

The first stage is the establishment of a class complaint. At this stage, the class agent is required

to seek counseling from an agency EEO Counselor.

The second stage is a determination from an EEOC Administrative Judge, subject to agency final

action, as to whether to certify the complaint as a class action.

The third stage, assuming the complaint has been certified as a class action, involves a

recommended decision from an EEO Administrative Judge on the merits of the class complaint,

subject to final agency action in the form of a final decision.

The fourth stage, where there has been a finding of class-based discrimination, is the

determination of the claims for relief of the individual class members.

Further information about class complaints can be found at 29 CFR § 1614.204 and in the EEOC

Management Directive 110.