BOP Program Statement 3713.34 § 15

ACTIVITIES CONDUCTED BY THE DEPARTMENT OF JUSTICE: INMATE

DISCRIMINATION COMPLAINTS COVERED BY THE REHABILITATION ACT

Any person who believes they have been subjected to discrimination covered by Rehabilitation

Act of 1973, § 504, as amended, may, by him or herself or by his or her representative, file a

complaint with the Director, Resolution Management Staff, DOJ or designee pursuant to 28 CFR

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§ 39. However, inmates who allege disability discrimination by the Bureau must first exhaust the

Bureau’s Administrative Remedy Procedure as set forth in 28 CFR § 542.10 and the Program

Statement Administrative Remedy Program.

All complaints filed under the procedures in this chapter must be filed within 180 days of the

alleged act of discrimination, except for complaints which are filed by inmates, and those must

be filed within 180 days of the Bureau’s final administrative decision under the Administrative

Remedy Procedure.

Complaints should be submitted to the:

Director, EEO Staff

U.S. Department of Justice

Justice Management Division

Two Constitution Square

145 N. Street, N.E. Suite 1W.801

Washington, DC 20530

Telephone: 202-616-4800

Fax: 202-616-4823

The Director, EEO Staff, DOJ or designee will accept a complete complaint which is filed in

accordance with these procedures and inform the complainant and management of receipt of the

complaint. If the Director, EEO Staff or designee receives a complaint which is not complete,

they will notify the complainant, within 30 days of the receipt of the incomplete complaint, that

additional information is needed. If the complainant fails to complete the complaint within 30

days of receipt of this notice, the complaint will be dismissed without prejudice.

Within 180 days of receipt of the complaint, the Director, EEO Staff or designee shall complete

the investigation of the complaint and attempt informal resolution. If no informal resolution is

achieved, the Director, EEO Staff or designee shall issue a letter of findings in accordance with

28 CFR § 39.170(h).

Requests for hearings and appeals must follow procedures found at 28 CFR § 39.170(i)–(k).

The Complaint Adjudication Office. U.S. Department of Justice shall make the decision for the

agency in accordance with 28 CFR § 39.170(l).

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REFERENCES

Program Statements

Administrative Remedy Program

Workers’ Compensation Program

Standards of Employee Conduct

Anti-Discrimination Policy

Employee Assistance Program

Federal Statutes

5 U.S.C. § 552a(b)(1)

Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.) Civil Rights

Act of 1991, as amended (42 U.S.C. § 1981 et seq.)

Genetic Information Nondiscrimination Act of 2008, as amended (42 U.S.C. § 2000ff et seq.)

Americans with Disabilities Act Amendments

Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. § 621 et seq.) Equal

Pay Act of 1963, as amended

Rehabilitation Act of 1973, as amended (29 U.S.C. § 791 et seq.) Fair Labor Standards

Amendments of 1974 and 1978

Civil Service Reform Act of 1978 Executive Order 11478, as amended Executive Order 12731,

as amended Executive Order 13087, as amended Executive Order 12067, as amended Executive

Order 12106, as amended Executive Order 13152, as amended

EEOC Management Directive 110 and EEOC Management Directive 715

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No Fear Act)

Office of Personnel Management Handbook: Addressing Sexual Orientation Discrimination in

the Federal Government

Federal Regulations

28 CFR § 39

28 CFR § 542

29 CFR § 33

29 CFR § 1604

29 CFR § 1605

29 CFR § 1606

29 CFR § 1614

29 CFR § 1625

29 CFR § 1626

Other References

Elijah E. Cummings Federal Employee Anti-Discrimination Act of 2020

Department of Justice Policy Statement Reasonable Accommodation

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Bureau Forms Prescribed by 3713.34

BP-A1059 Notice of Equal Employment Opportunity (EEO) Timelines

BP-A1060 Notice of Rights and Responsibilities − Equal Employment Opportunity (EEO)

Process

BP-A1061 Alternative Dispute Resolution (ADR) Election

BP-A1062 Request for Time - EEO Process

Other Forms

EEOC Form 573

ACA Standards

Performance-Based Standards and Expected Practices for Adult Correctional Institutions

(5th Edition): 5-ACI-1C-06, 5-ACI-1C-07, 5-ACI-1C-08, 5-ACI-1C-09, 5-ACI-1C-10

Performance-Based Standards and Expected Practices for Adult Detention Facilities

(5th Edition): 5-ALDF-7E-04, 5-ALDF-7E-05

Standards for the Administration of Correctional Agencies (2nd Edition): 2-CO-1C-09, 2-CO-1C-

12.

Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are

available in the Records and Information Disposition Schedule (RIDS) system on the Bureau’s

intranet site.

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