Appendix Q EEO MD-110 Quick Reference Chart Documentation Required to Close Compliance with the Most Common OFO Orders

Attorney Fees

Dollar amount is adjudicated and ordered.

[Not general attorney fee entitlement]

1. Copy of an agency payment order, print screen of electronic funds transfer or check issued to complainant (and attorney) for fees.
2. A narrative statement by an appropriate agency official - one to know with reasonable certainty that payment was made.
3. Documentation must include total monies paid, to whom, and when, or
4. A Final Agency Decision on contest of fees

Awards

1. A narrative statement by an appropriate agency official, stating the dollar amount and the criteria used to calculate the award. An appropriate agency official must be one to know with reasonable certainty that the payment was made.
2. Documentation must include total monies paid, to whom, and when.

Back Pay

5 C.F.R. § 550.805

Interest

5 C.F.R. § 550.806

1. Computer printouts or payroll documents delineating gross back pay before mitigation and interest, and
2. Copies of any cancelled checks issued; or a copy of a print screen showing an electronic funds transfer.
3. Narrative statement by an appropriate agency official of total monies paid. An appropriate agency official must be one to know with reasonable certainty that the payment was made. (Last resort)
4. Documentation must include total monies paid, to whom, and when.

Breach of Settlement or Noncompliance with a Final Agency Action

(Remand - reinstatement / processing or specific performance of agreement/FAD)

For reinstatement at the point processing ceased - see documentation required for "Remand [of a] previously dismissed complaint,"

For an order of specific performance, submit proof that specific performance was completed.

Civil Action Terminations

A complete copy of the civil action complaint demonstrating that it was filed in a federal court and that it covers the same issues as the compliance matter.

Compensatory Damages
(Remand for determination)

FAD determining complainant's entitlement or non-entitlement to compensatory damages, with appeal rights to the Commission/OFO.

Compensatory Damages
(Orders to pay)

Evidence of payment - Copies of any cancelled checks issued; a copy of a print screen showing an electronic funds transfer; or a narrative statement by an appropriate agency official of total monies paid. An appropriate agency official must be one to know with reasonable certainty that the payment was made. Documentation must include total monies paid, to whom, and when.

Disciplinary Action Consideration of

Documentation of oral or written counseling or a copy of any written notice of reprimand, suspension, or other action taken against any of the identified responsible management officials or statement of reason for not taking action. Note: The Commission does not consider training as a form of disciplinary action.

Final Agency Decision (FAD)

Copy of the FAD with appropriate appeal rights.

Personnel Actions

(for example Reinstatement, Promotion, Hiring, Reassignment)

Copy of Standard Forms (SF) 50, or comparable notice of official action.

Petition for Enforcement

(Terminating compliance)

A petition for enforcement may be requested by a complainant when s/he believes that the Commission's Order has not been followed. The Compliance Officer will attempt to resolve the matter and may exercise appropriate discretion in having the matter docketed. Compliance will be suspended if the issue is critical to the remaining action(s) and the petition for enforcement is docketed.

TYPE OF ORDER OR EVENT

DOCUMENTATION REQUIRED

Posting a Notice of Violation

The original signed and dated notice, reflecting the dates that the notice was posted. A copy may suffice, if the original is not available.

Remand

(for example, Reinstatement of complaint - from dismissal or breach of settlement)

(Reversal of Administrative Judge summary judgment)

1. Copy of agency acknowledgment of remanded claims.
2. Copy of appropriate notice of rights to a hearing or FAD w/in 60days of receipt of notice and right to file a civil action w/in 90 days. A Final Agency Decision will be required to close compliance when no hearing elected.
3. Copy of letter transmitting the investigative file to an Administrative Judge where hearing is requested or on reversal of an Administrative Judge summary judgment.

Restoration of Leave

A printout or statement by an appropriate agency official, identifying the amount and type of leave restored.

Settlement Agreements

(Which terminate compliance)

Written agreement signed and dated by both parties, containing specific dollar amounts and/or other applicable provisions. Should be followed up with documentation of relief provided. Settlement agreements will not relieve an agency from a Commission Order to post a Notice of Violation.

Supplemental Investigation

1. Copy of the letter acknowledging to the complainant, receipt of their remanded case from OFO.
2. Signed copy of the letter transmitting the Investigative File and appropriate notice of rights to the complainant - may be order-specific.
3. Copy of the request for a hearing or a FAD. (Complainant's request for a hearing, agency transmittal of the complaint file to the appropriate Commission District/Field/Area Office, or a copy of the FAD.)

TYPE OF ORDER OR EVENT

DOCUMENTATION REQUIRED

Training

1. Attendance roster at training session(s) or a narrative statement by an appropriate agency official confirming training hours, course titles and content, if necessary.
2. Course description providing some indication that the training was appropriate for the discrimination found or commensurate with the order.