Steps for a Federal Employee to file an EEOC complaint.
Ramon Martin • May 10, 2023
As a federal employee, if you believe you have been subjected to discrimination in the workplace, you have the option to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for enforcing laws against workplace discrimination. Here are the general steps involved in filing an EEOC complaint as a federal employee:
- Contact an EEO Counselor: You must initiate the process by contacting an EEO counselor within your federal agency. You usually have to contact the counselor within 45 days of the discriminatory action. The counselor will provide you with information about your rights, explain the complaint process, and attempt to resolve the issue informally.
- Counseling and Alternative Dispute Resolution (ADR): During the counseling stage, the EEO counselor will investigate your complaint and try to resolve the matter by
informal means, such as mediation or settlement negotiations. If the issue
is not resolved through ADR, you can proceed to the next step.
- Filing a Formal Complaint: If the counseling stage does not result in a resolution, you may choose to file a formal complaint with your federal agency's EEO office. The complaint must be filed within 15 days of receiving the notice of your right to file a formal complaint.
- Investigation: Once your formal complaint is filed, the agency's EEO office will conduct an investigation. They will gather evidence, interview witnesses, and review relevant documents. The investigation process aims to determine whether discrimination occurred.
- Requesting a Hearing: After the investigation, you have the option to request a hearing before an administrative judge. If you choose this option, your case will be transferred to the EEOC's Office of Federal Operations (OFO) for further processing.
- Decision and Appeal: The administrative judge will review the evidence and issue a decision on your case. If you are dissatisfied with the decision, you can appeal it to the EEOC's Office of Federal Operations within 30 days.
- Final Agency Decision or EEOC Appeal: Depending on the outcome of the administrative judge's decision, the agency will issue a final agency decision or implement the recommended relief. If you are not satisfied with the final agency decision, you can appeal to the EEOC's Office of Federal Operations.
- Consideration of EEOC Appeal: If you appeal to the EEOC, they will review the case and issue a final decision. This decision is generally considered the final action on the matter.
- Court Review: If you disagree with the EEOC's final decision, you have the right to file a lawsuit in federal court within 90 days of receiving the decision.
Please note that these steps provide a general overview of the EEOC complaint process for federal employees. The specific procedures and timelines may vary depending on your agency and the nature of your complaint. It is advisable to consult the EEO office within your agency for detailed guidance and assistance throughout the process.