Federal Sector Discrimination Complaints Process for Individuals

1. Federal Sector Discrimination Complaints Process for Individuals Employee Chooses Counseling or ADR (3) Employee Contacts EO Counselor (Rights & Responsibilities) (2) Counseling (3a) 30 Days Incident/Alleged Discrimination (1) Final Interview – Notice of Right to File (4) 45 Days ADR (3b) 90 Days 30 Days Appeal (7a1) Complaint Rejected (7a) Agency Accepts or Rejects Complaint (7) Employee File Formal Complaint (5) Formal Complaint Received by Agency (OD&EO) (6) Civil Action (7a2) 90 Days 15 Days Complaint Investigated and Notice Issued (8) Complaint Accepted (7b) 180 Days 30 Days Appeal (12) Agency Issues Final Decision (10) Employee Elects Hearing or No Hearing (9) No Hearing Requested (9a) 60 Days Civil Action (13) 90 Days 30 Days 30 Days Appeal (12) Agency Issues Final Order (11b) Hearing Requested (9b) 180 Days Judge Holds Hearing and Issues Decision and Order (11a) 40 Days Civil Action (13) 90 Days 3/05 Note: Employees may request ADR at any stage of the complaints process.

2. Federal Sector Discrimination Complaints Process for Individuals • Incident/Alleged Discrimination – Agency is responsible for posting information regarding the EO process: the employee is responsible for understanding the discrimination complaints process. • (2) Employee is responsible for contacting an Equal Opportunity (EO) Counselor to file a complaint of discrimination within 45 days of the date of the incident. The EO Counselor is responsible for informing the employee of his/her rights and responsibilities during the process. • The employee can choose to have EO Counseling or to utilize Alternative Dispute Resolution (ADR) during the informal process. (3a) If the employee elects EO Counseling, there is a 30 day timeframe for the counseling. (3b) If the employee elects ADR, the informal processing period is 90 days. • (4) The EO Counselor is responsible for conducting a final interview with the employee; the employee is informed of his/her right to file a formal complaint. • The employee is responsible for filing a formal complaint with the Agency (office of Diversity and Equal Opportunity) within 15 days after his/her receipt of the notice of right to file. • (6) The Office of Diversity and Equal Opportunity is responsible for the receipt of the complaint. • The OD&EO is responsible for the acceptance or dismissal of the complaint. (7a) If the complaint is rejected the employee is responsible for appealing the decision to EEOC within 30 days (7a1) or filing a civil action within 90 days (7a2). (7b) All accepted complaints will be investigated. • The Agency is responsible for investigating the complaint and issuing a notice of right to elect a hearing within 180 days of the date of filing. • The employee must make an election within 30 days from receipt of the investigative report. • (10) If the employee does not request a hearing, the Agency is responsible for issuing a final agency decision within 60 days. • (11a) If the employee requests a hearing, the Administrative Judge (AJ) is responsible for issuing a decision and order within 180 days of the request for hearing. • (11b) When the AJ issues a decision the Agency is responsible for issuing a final order within 40 days of receipt of the AJ’s decision. • (12) The employee is responsible for appealing the decision to EEOC within 30 days of receipt of the final agency decision or final order. • (13) The employee is responsible for filing civil action within 90 days of receipt of the final agency decision or final order. • Note: In all cases, timelines must be adhered to by the employee, EO Counselor, Mediator, Center, and Agency. • Also, employees may request ADR at any stage of the complaints process.