§ 319. — Office of Employment Discrimination Complaint Adjudication.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC319]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec. 319. Office of Employment Discrimination Complaint
Adjudication
(a)(1) There is in the Department an Office of Employment
Discrimination Complaint Adjudication. There is at the head of the
Office a Director.
(2) The Director shall be a career appointee in the Senior Executive
Service.
(3) The Director reports directly to the Secretary or the Deputy
Secretary concerning matters within the responsibility of the Office.
(b)(1) The Director is responsible for making the final agency
decision within the Department on the merits of any employment
discrimination complaint filed by an employee, or an applicant for
employment, with the Department. The Director shall make such decisions
in an impartial and objective manner.
(2) No person may make any ex parte communication to the Director or
to any employee of the Office with respect to a matter on which the
Director has responsibility for making a final agency decision.
(c) Whenever the Director has reason to believe that there has been
retaliation against an employee by reason of the employee asserting
rights under an equal employment opportunity law, the Director shall
report the suspected retaliatory action directly to the Secretary or
Deputy Secretary, who shall take appropriate action thereon.
(d)(1) The Office shall employ a sufficient number of attorneys and
other personnel as are necessary to carry out the functions of the
Office. Attorneys shall be compensated at a level commensurate with
attorneys employed by the Office of the General Counsel.
(2) The Secretary shall ensure that the Director is furnished
sufficient resources in addition to personnel under paragraph (1) to
enable the Director to carry out the functions of the Office in a timely
manner.
(3) The Secretary shall ensure that any performance appraisal of the
Director of the Office of Employment Discrimination Complaint
Adjudication or of any employee of the Office does not take into
consideration the record of the Director or employee in deciding cases
for or against the Department.
(Added Pub. L. 105-114, title I, Sec. 102(a)(1), Nov. 21, 1997, 111
Stat. 2280.)
Effective Date
Section 102(c) of Pub. L. 105-114 provided that: ``Section 319 of
title 38, United States Code, as added by subsection (a), shall take
effect 90 days after the date of enactment of this Act [Nov. 21,
1997].''
Reports on Implementation
Section 102(b) of Pub. L. 105-114 provided that: ``The Director of
the Office of Employment Discrimination Complaint Adjudication of the
Department of Veterans Affairs (established by section 319 of title 38,
United States Code, as added by subsection (a)) shall submit to the
Secretary of Veterans Affairs and to Congress reports on the
implementation and the operation of that office. The first such report
shall be submitted not later than April 1, 1998, and subsequent reports
shall be submitted not later than January 1, 1999, and January 1,
2000.''
Section Referred to in Other Sections
This section is referred to in section 516 of this title.
