Friday, July 25, 2008

Filing Complaints With a Federal Agency

This information is from the EEOC (http://www.eeoc.gov/facts/fs-fed.html)

Overview on the process for filing a complaint against a Federal Agency:

Employees or applicants who believe that they have been discriminated against by a federal agency have the right to file a complaint with that agency. The first step is to contact an EEO Counselor at the agency within 45 days of the discriminatory action. The individual may choose to participate in either counseling, or in Alternative Dispute Resolution (ADR)* when the agency offers ADR. Ordinarily, counseling must be completed within 30 days and ADR within 90 days. At the end of counseling, or if ADR is unsuccessful, the individual may then file a complaint with the agency.

If the matter is not resolved in the ADR process within 90 days of the date the individual contacted the agency's EEO office, a Notice of Final Interview must be issued to the individual giving him or her the right to proceed with a formal complaint.

A formal complaint must be filed with the agency that allegedly discriminated against the complainant within 15 days of receipt of the Notice of Final Interview. The complaint must be a signed statement from the complainant or the complainant's attorney, containing the complainant's (or representative's) telephone number and address, and must be sufficiently precise to identify the complainant and the agency, and describe generally the action or practice which forms the basis of the complaint.

A complainant may amend a complaint at any time prior to the conclusion of the investigation to include issues or claims like or related to those raised in the complaint. After requesting a hearing, a complainant may file a motion with the AJ to amend a complaint to include issues or claims like or related to those raised in the complaint.

The agency must acknowledge receipt of the complaint in writing and inform the complainant of the date on which the complaint was filed, of the address of the EEOC office where a request for a hearing should be sent, that the complainant has the right to appeal the agency's final action or dismissal of a complaint, and that the agency must investigate the complaint within 180 days of the filing date. The agency's acknowledgment must also advise the complainant that when a complaint has been amended, the agency must complete the investigation within the earlier of: (1) 180 days after the last amendment to the complaint; or (2) 360 days after the filing of the original complaint. A complainant may request a hearing from an EEOC AJ on the consolidated complaints any time after 180 days from the date of the first filed complaint.

You Can Appeal to EEOC

A dissatisfied complainant may appeal to EEOC an agency's final action within 30 days of receipt and an agency may appeal a decision by an EEOC administrative judge within 40 days of receiving the administrative judge's decision.


*Alternative Dispute Resolution (ADR) - Beginning January 1, 2000 all agencies were required to establish or make available an ADR program. Such program must be available for both the pre-complaint process and the formal complaint process. At the initial counseling session, counselors must advise individuals that, where an agency agrees to offer ADR in a particular case, the individual may choose between participation in the ADR program and EEO counseling. If the matter is not resolved in the ADR process within 90 days of the date the individual contacted the agency's EEO office, a Notice of Final Interview must be issued to the individual giving him or her the right to proceed with a formal complaint.

Source: http://www.eeoc.gov/federal/fedprocess.html

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2 Comments:

Anonymous SjP said...

I've started a new Open Thread called "Slave" Narratives. Just a spot to come to on Saturdays to reflect on the past week while working while Black. Please feel free to stop by.

11:56 AM  
Blogger S. Mary Wills said...

Will do!

8:09 AM  

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