BOP Program Statement 3713.34 § 5

Settlement of complaints of discrimination can occur at any stage of the process. The

complainant’s proposal for settling their complaint will be presented to the appropriate

management official. After the completion of the investigation, the complainant may be provided

with an opportunity to discuss the investigative file and possible settlement of the complaint with

an appropriate staff member in the EEO Office, if settlement is attempted.

In the event payment is demanded as part of the settlement and prior to settlement of a

complaint, the appropriate management official must notify the Chief, Finance Branch,

Administration Division, Central Office, to coordinate fund availability. Proposed settlement

language, to include possible dollar amounts involved, should be forwarded to the Chief, Finance

Branch, for review, prior to the settlement offer being provided to the complainant and/or their

representative. The Chief, Finance Branch, will not approve the decision to settle but will review

the procedural aspects of the payments.

If settlement is reached, the terms of the settlement will be in writing. The complainant, their

representative, and the appropriate management official(s) will sign the settlement agreement,

and it will be made part of the complaint file.

The settlement agreement will be binding for both the complainant and the Bureau. If the

complainant believes the Bureau has failed to comply with the terms of the settlement

agreement, the complainant must notify, in writing, the:

Director, EEO Staff

U.S. Department of Justice, Justice Management Division

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

Washington, DC 20530

3713.34 9/3/2026 PROPERTY OF US GOVERNMENT 11

Allegations of noncompliance with the settlement agreement must be made within 30 days of

when the complainant knew or should have known of the alleged noncompliance. The

complainant may request the terms of the settlement agreement be specifically implemented or,

alternatively, that the complaint be reinstated for further processing from the point processing

ceased.

The agency will resolve the matter and respond to the complainant in writing. If the agency has

not responded to the complainant in writing, or if the complainant is not satisfied with the EEO

Officer’s attempts to resolve the matter, the complainant may appeal to the:

U.S. Equal Employment Opportunity Commission

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

The complainant may file an appeal 35 days after they have served the agency with the

allegations of noncompliance but must file an appeal within 30 days of receipt of the Bureau’s

determination. The complainant must serve a copy of the appeal on the agency to the Director,

EEO Staff, DOJ, at the address above. See 29 CFR § 1614.504, 29 CFR § 1614.402–404, and

EEOC Management Directive 110 for further information on this process. In accordance with 29

CFR § 1614.503(f), where appropriate the EEOC may refer such non-compliance to the Office of

Special Counsel for enforcement action.