BOP Program Statement 3713.34 § 7

The EEO Officer will recommend to the Director, EEO Staff, DOJ, the dismissal of a complaint

of discrimination where appropriate under the provisions of 29 CFR 1614.107. The DOJ’s

authority to dismiss a complaint ends when a complainant requests a hearing. The Bureau will

process dismissals expeditiously. Dismissals will be based on the requirements outlined in 29

CFR 1614.107. Reasons for dismissal include:

■ Failure to state a claim.

■ Failure to comply with applicable time-limits.

■ Complaint alleges dissatisfaction with the processing of a previously filed complaint.

■ Complaint is the basis of a pending or decided civil action in the United States District Court.

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■ Complaint has raised the matter in a negotiated grievance procedure or in an appeal to the

Merit Systems Protections Board.

■ Complaint is moot or alleges that a proposal or other preliminary step to taking a personnel

action is discriminatory, unless the complainant alleges reprisal.

■ Complainant cannot be located despite reasonable efforts to locate and no response to a

proposal for dismissal has been made after 15 days.

■ Complainant failed to respond within 15 days to an agency request to provide relevant

information or otherwise proceed with the complaint, or the response does not address the

agency request.

■ The agency finds a clear pattern of misuse of the EEO process for a purpose other than the

prevention and elimination of employment discrimination.