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The counselor will attempt to informally resolve the matter. At the initial counseling session, the counselor will advise John in writing of his rights and responsibilities in the EEO process, including the right to request a hearing before an EEOC administrative judge or an immediate final decision from the agency following its investigation of the complaint. John will be informed of his right to elect between pursuing the matter in the EEO process under part 1614 and a grievance procedure if available or the Merit Systems Protection Board appeal process where applicable. The counselor must also inform John of his rights to proceed directly to court in a lawsuit under the Age Discrimination in Employment Act, or of his rights to mitigate damages, and that only claims raised in pre-complaint counseling may be alleged in a subsequent complaint filed with the agency...
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