After considering all the relevant information collected during the investigation, the Assistant
Secretary will issue, within sixty days of the filing of the complaint, written findings as to whether there is reasonable cause to believe that the
named person or others have discriminated against the complainant in violation of section 405 (a) or (b). If the Assistant Secretary concludes that
there is reasonable cause to believe that a violation has occurred, he shall accompany his findings with a preliminary order providing the relief
prescribed in section 405(c)(2)(b). Such order will include, where appropriate, a requirement that the named person abate the violation; reinstatement
of the complainant to his or her former position, together with the compensation (including back pay), terms, conditions and privileges of the
complainant's employment; and payment of compensatory damages. At the complainant's request the order may also assess against the named party the
complainant's costs and expenses (including attorney's fees) reasonably incurred in filing the complaint.
The findings and the preliminary order shall be sent by certified mail, return receipt requested, to
all parties of record. The letter accompanying the findings and order shall inform the parties of the right to object to the findings and/or the order
and shall give the address of the Chief Administrative Law Judge. At the same time, the Assistant Secretary shall file with the Chief Administrative
law Judge, U.S. Department of Labor, the original complaint and a copy of the findings and/or order.
Upon the issuance of findings that there is reasonable cause to believe that a violation has occurred,
any pending section 11(c) complaint will be suspended until the section 405 proceeding is completed. When the section 405 proceeding is completed the
Assistant Secretary will determine what action, if any, is appropriate on the section 11(c) complaint. If the Assistant Secretary's findings indicate
that a violation has occurred, the Assistant Secretary shall make a separate determination as to whether section 11(c) has been violated.