105.1 An employee who believes that he or she has been discriminated against because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, physical handicap, or political affiliation in connection with any aspect of District government employment shall consult an EEO Counselor within one hundred-eighty (180) calendar days of the occurrence of the alleged unlawful discriminatory practice or within one hundred eighty (180) calendar days of his or her discovery of the occurrence, except that a complaint of sexual harassment may be filed directly with the Office.

105.2 The EEO Counselor shall then do the following:

1. (a) Make an inquiry and review of the matter;
2. (b) Seek a solution of the matter on an informal basis;
3. (c) Counsel the complainant or his or her representative concerning the issues of the matter;
4. (d) Keep a record of counseling activities so as to brief, periodically, the agency EEO Officer on those activities;
5. (e) When advised by the Director, EEO that the complaint of discrimination has been accepted and is under investigation, submit a written report to the agency EEO Officer, with a copy to the complainant, his or her representative, and the Director, EEO summarizing his or her actions and advice to solve the matter within the department including, but not limited to, the following:
6. (1) A thorough review of the circumstances under which the alleged discrimination occurred;
7. (2) The treatment of members of the complainant's group, if any, identified by the complaint as compared with the treatment of other employees in the organization unit which the alleged discrimination occurred;
8. (3) The examination of any pertinent records; and
9. (4) The review of any policies and practices related to the work situation which may constitute or appear to constitute discrimination even though they have not been expressly cited by the complainant.

105.3 The EEO Counselor shall, insofar as is practicable, conduct the final interview with the

complainant not later than twenty-one (21) calendar days after the date on which the matter was called to his or her attention by the complainant.

105.4 The EEO Counselor shall advise the complainant in writing in the final interview of the complainant's right to file a formal complaint with the Director, EEO, within fifteen (15) calendar days of the final interview if the matter has not been resolved to complainant's satisfaction.105.5 A formal complaint to the Director, EEO shall be filed by the complainant within fifteen (15) calendar days after the final interview has been conducted by the EEO counselor.105.6 Complaints filed after the fifteen (15) calendar day period specified in § 105.4 shall be deemed untimely and dismissed by the Director, EEO.105.7 In any event, and regardless of whether or not the EEO Counselor completes his or her review and action within the time limits, a complainant shall be free to file a complaint with the Director, EEO at the expiration of the twenty-one (21) day review period set forth in § 105.3.105.8 If a final interview is not conducted by the EEO Counselor, the complainant may file a formal complaint to the Director, EEO within sixty (60) calendar days after the date on which the matter was called to the attention of the EEO Counselor, pursuant to § 105.1.105.9 Complaints filed beyond the sixty (60) calendar day period specified in § 105.8 shall be deemed untimely and dismissed by the Director, EEO.105.10 The EEO Counselor shall not reveal the identity of a complainant who has come to the Counselor for consultation, except when authorized to do so by the complainant in writing, until a complaint of discrimination has been filed with the Director, EEO.105.11 The EEO Counselor shall be free from restraint, interference, coercion, discrimination, or reprisal and shall be given the assistance and cooperation of the department or agency in connection with the performance of his or her duties under this chapter.105.12 At any stage in the proceeding under this chapter the complainant shall be free from restraint, interference, coercion, discrimination, or reprisal, and shall have the right to be accompanied, represented, and advised by a representative of his or her own choosing.105.13 If the complainant is an employee of the District government, he or she shall have a reasonable amount of official time for preparation and presentation of his or her complaint.105.14 If the complainant designates an employee of the District government as his or her representative, the representative shall be free from restraint, interference, coercion, discrimination, or reprisal, and shall have a reasonable amount of official time to prepare

and present the matter.

105.15 Whenever a matter is submitted to the EEO Counselor under the provisions of this chapter with respect to a pending appointment, promotion, transfer, reduction-in- force, termination, disciplinary action, or other adverse action, the agency head shall hold the action in abeyance until the matter is resolved by the EEO Counselor, EEO Office, or EEO Officer, or until the complainant has exercised his or her opportunity to file a formal complaint with the Director, EEO.

105.16 The requirements of § 105.15 shall be suspended by the Director, EEO, pending a resolution of the matter, if it is shown that immediate and irrevocable harm to the agency will result or there will be a substantial interference with the efficient operation of the agency.

105.17 The requirements of § 105.15 may be waived by agreement between the agency head and the Director, EEO if sufficient and appropriate opportunities will be available to provide relief to the complainant if the assertion of discrimination is upheld, or where the agency head effects the action on a temporary basis and subject to reversal if the complainant's assertion of discrimination is upheld.

SOURCE: Final Rulemaking published at 31 DCR 56, 62-64 (January 6, 1984); as amended by Final Rulemaking published at 43 DCR 6569, 6569-72 (December 13, 1996).