[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Notices]
[Pages 46630-46631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19986]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Notice of Delegation of Authority--Processing Complaints Under 
Section 508 of the Rehabilitation Act

SUMMARY: The amendments to section 508 of the Rehabilitation Act of 
1973, 29 U.S.C. 794d, which took effect in 2001 provide that each 
federal agency must ensure that the electronic and information 
technology it develops, procures, maintains, or uses is accessible to 
individuals with disabilities who are federal employees or applicants, 
or members of the public seeking information or services from the 
agency. Section 508 authorizes individuals to file administrative 
complaints and civil actions against an agency, limited to the alleged 
failure to procure accessible technology. The statute requires federal 
agencies to process section 508 complaints according to the same 
complaint procedures used to process section 504 complaints. See 29 
U.S.C. 794d(f)(2).
    Notice is hereby given that by Order dated July 22, 2003, the Chair 
of the Equal Employment Opportunity Commission (EEOC) delegated to the 
Director of the EEOC's Office of Equal Opportunity (OEO), without 
authority to redelegate, authority for processing all section 508 
complaints against the EEOC. Pursuant to this delegation, the Director 
of the OEO shall process all section 508 complaints by applicants, 
employees, or members of the public, against the EEOC, pursuant to the 
compliance procedures set forth in 29 CFR 1615.170(d)-(m). These are 
the same procedures which the EEOC uses to process section 504 
complaints against the EEOC by members of the public. The Order 
provided that the EEOC will not utilize the Federal sector equal 
employment opportunity administrative complaint procedures, 29 CFR part 
1614, to process any section 508 complaints against EEOC, even if filed 
by an EEOC applicant or employee. The Order explained that as 
distinguished from the EEOC's authority to process section 501 claims 
under part 1614, the EEOC does not have authority to interpret and 
enforce section 508

[[Page 46631]]

under part 1614. The Order further provided that if a section 501 
complaint filed against the EEOC in the part 1614 process includes a 
separate section 508 claim, OEO will process the section 501 claim 
through the part 1614 process, and will separately process the section 
508 claim pursuant to the procedures set forth in 29 CFR 1615.170(d)-
(m). By this Order, the EEOC did not alter any of its existing 
procedures for processing complaints under section 501 or section 504 
of the Rehabilitation Act.

EFFECTIVE DATE. The delegation of authority became effective on July 
22, 2003.

FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff, Assistant Legal 
Counsel, at 202-663-4689.

    Dated: July 22, 2003.
Cari M. Dominguez,
Chair.
[FR Doc. 03-19986 Filed 8-5-03; 8:45 am]
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