# Presentation: 671278

## Federal Sector Discrimination Complaints Process for Individuals

- Incident/Alleged
- Discrimination
- (1)

- Employee Contacts
- EO Counselor
- (Rights &
- Responsibilities)
- (2)

- Counseling
- (3a)

- ADR
- (3b)

- Final Interview
- – Notice of
- Right to File
- (4)

- Employee
- File Formal
- Complaint
- (5)

- Formal Complaint
- Received by
- Agency (OD&EO)
- (6)

- Complaint
- Investigated
- and Notice
- Issued
- (8)

- No Hearing
- Requested
- (9a)

- Hearing
- Requested
- (9b)

- Agency Issues
- Final  Decision
- (10)

- Judge Holds Hearing
- and Issues Decision
- and Order
- (11a)

- Agency Issues
- Final Order
- (11b)

- 3/05

- 45 Days

- 30 Days

- 90 Days

- 15 Days

- 180 Days

- 30 Days

- 60 Days

- 40 Days

- Note:  Employees may request ADR at any stage of the complaints process.

- 180 Days

- 30 Days

- 90 Days

- Employee
- Chooses
- Counseling
- or ADR
- (3)

- Agency
- Accepts or
- Rejects
- Complaint
- (7)

- Complaint
- Rejected
- (7a)

- Complaint
- Accepted
- (7b)

- 30 Days

- 90 Days

- Employee
- Elects
- Hearing or
- No Hearing
- (9)

- 30 Days

- 90 Days

- Appeal (7a1)

- Appeal (12)

- Civil Action (7a2)

- Civil Action (13)

- Appeal (12)

- Civil Action (13)

## 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.