PBGC EEO Complaint Process 

In accordance with the EEOC Management Directive 110 (MD-110) and 29 Code of Federal Regulation 

(CFR).1614.108, PBGC is required to develop an impartial and appropriate factual record upon which 

to make findings on the claims raised in a formal EEO complaint. 

If you are a Federal employee, former employee or applicant for employment with PBGC, the law 

protects you from discrimination because of your race, color, religion, sex (including gender identity, 

sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. 

The law also protects you from retaliation if you oppose employment discrimination, file a complaint of 

discrimination, or participate in the EEO complaint process (even if the complaint is not yours). 

If you are a Federal employee, former employee or applicant for employment with PBGC and you 

believe that you have been discriminated against, you have a right to file a complaint. You can contact 

the Office of Equal Employment Opportunity (OEEO) to speak with an EEO Counselor by calling the 

OEEO and requesting to speak to a Counselor: 

PBGC Office of Equal Employment Opportunity 

OEEO Main Office Phone: 202-326-4363 

Email: EEO@PBGC.gov 

Contact EEO Counselor 

The first step to filing an EEO Complaint is to contact an EEO Counselor. An aggrieved person who 

believes they have been discriminated against must initiate counselor contact within 45 days of the 

action they believe to be discriminatory. This time limit shall be extended where the aggrieved person 

shows that: he or she was not notified of the time limits and was not otherwise aware of them; he or she 

did not and reasonably should not have known that the discriminatory matter occurred (hiring action); 

despite due diligence he or she was prevented by circumstances beyond his or her control from 

contacting the counselor within the time limits. 29 C.F.R. Section 1614.105(a)(2). 

EEO Counseling 

EEO counselors provide information to the aggrieved individual concerning how the federal sector EEO 

process works, including time frames and appeal procedures, and attempt to informally resolve the 

matter. At the initial counseling session, counselors must advise individuals in writing of their rights and 

responsibilities in the EEO process, including the right to request a hearing before an EEOC 

administrative judge or an immediate final decision from the agency following its investigation of the 

complaint. Individuals must be informed of their right to elect between pursuing the matter in the EEO 

process under Part 1614 and a grievance procedure (where available) or the Merit Systems Protection 

Board appeal process (where applicable). The counselor must also inform the individuals of their right 
to proceed directly to court in a lawsuit under the Age Discrimination in Employment Act, of their duty to 

mitigate damages, and that only claims raised in pre-complaint counseling may be alleged in a 

subsequent formal complaint filed with the agency. 29 C.F.R. Section 1614.105(b)(1). 

Counseling must be completed within 30 days of the date the aggrieved person contacted the agency's 

EEO office to request counseling. If the matter is not resolved within that time, the counselor must 

conduct the final interview and issue the aggrieved a "Notice of Right to File Formal". This notice must 

inform the individual that a complaint must be filed within 15 days of receipt of the notice, identify the 

agency official with whom the complaint must be filed, and of the individual's duty to inform the agency 

if he or she is represented. 29 C.F.R. Section 1614.105(d). The 30-day counseling period may be 

extended for an additional 60 days: (1) where the individual agrees to such extension in writing; or (2) 

where the aggrieved person chooses to participate in an ADR procedure. If the claim is not resolved 

before the 90th day, the Notice of Right to File Formal described above must be issued to the 

individual. 29 C.F.R. Section 1614.105(e), (f). 

When a formal complaint is filed, the EEO counselor must submit the written counselor’s report to the 

OEEO Director and the aggrieved, concerning the issues discussed and the actions taken during 

counseling. 29 C.F.R. Section 1614.105(c). 

Alternative Dispute Resolution (ADR) 

At the initial counseling session, counselors must advise individuals of their option to select traditional 

counseling or ADR. Mediation is PBGC’s preferred method of ADR. The agency will review the 

request and determine if ADR is appropriate based on the issues of the complaint. If the Agency does 

not offer mediation the complaint will be counseled. As noted above, 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 

Right to File Formal must be issued to the individual giving him or her the right to proceed with a formal 

complaint. 

Complaints 

A 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. 29 C.F.R. Section 

1614.106. 

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. 29 C.F.R. Section 1614.106(d). 

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. 29 C.F.R. Section 1614.106(e). 

Dismissals of Complaints 

Prior to a request for a hearing, in lieu of accepting a complaint for investigation an agency may dismiss 

an entire complaint for any of the following reasons: (1) failure to state a claim, or stating the same 

claim that is pending or has been decided by the agency or the EEOC; (2) failure to comply with the 

time limits; (3) filing a complaint on a matter that has not been brought to the attention of an EEO 

counselor and which is not like or related to the matters counseled; (4) filing a complaint which is the 

basis of a pending civil action, or which was the basis of a civil action already decided by a court; (5) 

where the complainant has already elected to pursue the matter through either the negotiated 

grievance procedure or in an appeal to the Merit Systems Protection Board; (6) where the matter is 

moot or merely alleges a proposal to take a personnel action; (7) where the complainant cannot be 

located; (8) where the complainant fails to respond to a request to provide relevant information; (9) 

where the complaint alleges dissatisfaction with the processing of a previously filed complaint; (10) 

where the complaint is part of a clear pattern of misuse of the EEO process for a purpose other than 

the prevention and elimination of employment discrimination. 29 C.F.R. Section 1614.107. 

If an agency believes that some, but not all, of the claims in a complaint should be dismissed for the 

above reasons, it must notify the complainant in writing of the rationale for this determination, identify 

the allegations which will not be investigated, and place a copy of this notice in the investigative file. 

This determination shall be reviewable by an EEOC AJ if a hearing is requested on the remainder of 

the complaint but is not appealable until final action is taken by the agency on the remainder of the 

complaint. 29 C.F.R. Section 1614.107(b). 

Investigations 

Investigations are conducted by the respondent agency. The agency must develop an impartial and 

appropriate factual record upon which to make findings on the claims raised by the complaint. An 
 

 

 

 

 

 

appropriate factual record is defined in the regulations as one that allows a reasonable fact finder to 

draw conclusions as to whether discrimination occurred. 29 C.F.R. Section 1614.108(b). 

The investigation must be completed within 180 days from the filing of the complaint. A copy of the 

investigative file must be provided to the complainant, along with a notification that, within 30 days of 

receipt of the file, the complainant has the right to request a hearing and a decision from an EEOC AJ 

or may request an immediate final decision from the agency. 29 C.F.R. Section 1614.108(f). 

An agency may make an offer of resolution to a complainant who is represented by an attorney at any 

time after the filing of a complaint, but not later than the date an AJ is appointed to conduct a hearing. 

An agency may make an offer of resolution to a complaint, represented by an attorney or not, after the 

parties have received notice than an administrative judge has been appointed to conduct a hearing, but 

not later than 30 days prior to a hearing. 

Such offer of resolution must be in writing and include a notice explaining the possible consequences of 

failing to accept the offer. If the complainant fails to accept the offer within 30 days of receipt, and the 

relief awarded in the final decision on the complaint is not more favorable than the offer, then the 

complainant shall not receive payment from the agency of attorney's fees or costs incurred after the 

expiration of the 30-day acceptance period. 29 C.F.R. Section 1614.109(c). 

Hearings 

Requests for hearing must be sent by the complainant to the EEOC office indicated in the agency's 

acknowledgment letter, with a copy to the agency's EEO office. Within 15 days of receipt of the request 

for a hearing, the agency must provide a copy of the complaint file to EEOC. The EEOC will then 

appoint an AJ to conduct a hearing. 29 C.F.R. Section 1614.108(g). 

An EEOC AJ may dismiss a complaint for any of the reasons set out above under Dismissals. 29 

C.F.R. Section 1614.109(b). 

Prior to the hearing, the parties may conduct discovery. The purpose of discovery is to enable a party to 

obtain relevant information for preparation of the party's case. Each party initially bears their own costs 

for discovery, unless the AJ requires the agency to bear the costs for the complainant to obtain 

depositions or any other discovery because the agency has failed to complete its investigation in a 

timely manner or has failed to adequately investigate the allegations. For a more detailed description of 

discovery procedures, see EEOC Management Directive 110, Chapter 6. 

Agencies provide for the attendance of all employees approved as witnesses by the AJ. Hearings are 

considered part of the investigative process and are closed to the public. The AJ conducts the hearing 
 

 

 

and receives relevant information or documents as evidence. The hearing is recorded, and the agency 

is responsible for paying for the transcripts of the hearing. Rules of evidence are not strictly applied to 

the proceedings. If the AJ determines that some or all facts are not in genuine dispute, he or she may 

limit the scope of the hearing or issue a decision without a hearing. 

The AJ must conduct the hearing and issue a decision on the complaint within 180 days of receipt by 

the AJ of the complaint file from the agency. The AJ will send copies of the hearing record, the 

transcript and the decision to the parties. If an agency does not issue a final order within 40 days of 

receipt of the AJ's decision, then the decision becomes the final action by the agency in the matter. 29 

C.F.R. Section 1614.109(i). 

Final Action by Agencies 

When an AJ has issued a decision (either a dismissal, a summary judgment decision or a decision 

following a hearing), the agency must take final action on the complaint by issuing a final order within 

40 days of receipt of the hearing file and the AJ's decision. The final order must notify the complainant 

whether or not the agency will fully implement the decision of the AJ and shall contain notice of the 

complainant's right to appeal to EEOC or to file a civil action. If the final order does not fully implement 

the decision of the AJ, the agency must simultaneously file an appeal with EEOC and attach a copy of 

the appeal to the final order. 29 C.F.R. Section 1614.110(a). 

When an AJ has not issued a decision (i.e., when an agency dismisses an entire complaint under 

1614.107, receives a request for an immediate final decision, or does not receive a reply to the notice 

providing the complainant the right to either request a hearing or an immediate final decision), the 

agency must take final action by issuing a final decision. The agency's final decision will consist of 

findings by the agency on the merits of each issue in the complaint. Where the agency has not 

processed certain allegations in the complaint for procedural reasons set out in 29 C.F.R. Section 

1614.107, it must provide the rationale for its decision not to process the allegations. The agency's 

decision must be issued within 60 days of receiving notification that the complainant has requested an 

immediate final decision. The agency's decision must contain notice of the complainant's right to appeal 

to the EEOC, or to file a civil action in federal court. 29 C.F.R. Section 1614.110(b). 

Appeals to the EEOC 

Several types of appeals may be brought to the EEOC. A complainant may appeal an agency's final 

action or dismissal of a complaint within 30 days of receipt. 29 C.F.R. Sections 1614.401(a), 

1614.402(a). 
 

 

 

 

 

 

 

 

 

 

 

 

A grievant may appeal the final decision of the agency, arbitrator or the FLRA on a grievance when an 

issue of employment discrimination was raised in the grievance procedure. 29 C.F.R. Section 

1614.401(d). 

If the agency's final action and order do not fully implement the AJ's decision, the agency must appeal 

to the EEOC. 29 C.F.R. Section 1614.110(a); 29 C.F.R. Section 1614.401(b). 

A complainant may appeal to the EEOC for a determination as to whether the agency has complied 

with the terms of a settlement agreement or decision. 29 C.F.R. Section 1614.504(b). 

If the complaint is a class action, the class agent or the agency may appeal an AJ's decision accepting 

or dismissing all or part of the class complaint. A class agent may appeal a final decision on a class 

complaint. A class member may appeal a final decision on an individual claim for relief pursuant to a 

finding of class-wide discrimination. Finally, both the class agent or the agency may appeal from an AJ 

decision on the adequacy of a proposed settlement of a class action. 29 C.F.R. Section 1614.401(c). 

Appeals must be filed with EEOC's Office of Federal Operations (OFO). Any statement or brief on 

behalf of a complainant in support of an appeal must be submitted to OFO within 30 days of filing the 

notice of appeal. Any statement or brief on behalf of the agency in support of its appeal must be filed 

within 20 days of filing the notice of appeal. An agency must submit the complaint file to OFO within 30 

days of initial notification that the complainant has filed an appeal or within 30 days of submission of an 

appeal by the agency. Any statement or brief in opposition to an appeal must be submitted to OFO and 

served on the opposing party within 30 days of receipt of the statement or brief supporting the appeal, 

or, if no statement or brief supporting the appeal has been filed, within 60 days of receipt of the appeal. 

29 C.F.R. Section 1614.403. 

EEOC has the authority to draw adverse inferences against a party failing to comply with its appeal 

procedures or requests for information. 29 C.F.R. Section 1614.404(c). 

The decision on an appeal from an agency's final action is based on a de novo review, except that the 

review of the factual findings in a decision by an AJ is based on a substantial evidence standard of 

review. 29 C.F.R. Section 1614.405(a). 

A party may request that EEOC reconsider its decision within 30 days of receipt of the Commission's 

decision. Such requests are not a second appeal and will be granted only when the previous EEOC 

decision involved a clearly erroneous interpretation of material fact or law; or when the decision will 

have a substantial impact on the policies, practices or operations of the agency. 29 C.F.R. Section 

1614.405(b). 
 

 

The EEOC's decision will be based on a preponderance of the evidence. The decision will also inform 

the complainant of his or her right to file a civil action. 

Civil Actions 

Prior to filing a civil action under Title VII of the Civil Rights Act of 1964 or the Rehabilitation Act of 

1973, a federal sector complainant must first exhaust the administrative process set out at 29 C.F.R. 

Part 1614. "Exhaustion" for the purposes of filing a civil action may occur at different stages of the 

process. The regulations provide that civil actions may be filed in an appropriate federal court: (1) within 

90 days of receipt of the final action where no administrative appeal has been filed; (2) after 180 days 

from the date of filing a complaint if an administrative appeal has not been filed and final action has not 

been taken; (3) within 90 days of receipt of EEOC's final decision on an appeal; or (4) after 180 days 

from the filing of an appeal with EEOC if there has been no final decision by the EEOC. 29 C.F.R. 

Section 1614.408. 

Under the Age Discrimination in Employment Act (ADEA), a complainant may proceed directly to 

federal court after giving the EEOC notice of intent to sue. 29 C.F.R. Section 1614.201. An ADEA 

complainant who initiates the administrative process in 29 C.F.R. Part 1614 may also file a civil action 

within the time frames noted above. 29 C.F.R. Section 1614.408. 

Under the Equal Pay Act, a complainant may file a civil action within 2 years (3 years for willful 

violations), regardless of whether he or she has pursued an administrative complaint. 29 C.F.R. Section 

1614.409. 

Filing a civil action terminates EEOC processing of an appeal. 29 C.F.R. Section 1614.410. 

Class Complaints 

Class complaints of discrimination are processed differently than individual complaints. See 29 C.F.R. 

Section 1614.204. The employee or applicant who wishes to file a class complaint must first seek 

counseling and be counseled, just like an individual complaint. However, once counseling is completed 

the class complaint is not investigated by the respondent agency. Rather, the complaint is forwarded to 

the nearest EEOC Field or District Office, where an EEOC AJ is appointed to make decision as to 

whether to accept or dismiss the class complaint. The AJ examines the class to determine whether it 

meets the class certification requirements of numerosity, commonality, typicality and adequacy of 

representation. The AJ may issue a decision dismissing the class because it fails to meet any of these 

class certification requirements, as well as for any of the reasons for dismissal discussed above for 

individual complaints (see section 5, above). 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A class complaint may begin as an individual complaint of discrimination. At a certain point, it may 

become evident that there are many more individuals than the complainant affected by the issues 

raised in the individual complaint. EEOC's regulations provide that a complainant may move for class 

certification at any reasonable point in the process when it becomes apparent that there are class 

implications to the claims raised in an individual complaint. 29 C.F.R. Section 1614.204(b). 

The AJ transmits his or her decision to accept or dismiss a class complaint to the class agent and the 

agency. The agency must then take final action by issuing a final order within 40 days of receipt of the 

AJ's decision. The final order must notify the agent whether or not the agency will implement the 

decision of the AJ. If the agency's final order does not implement the AJ's decision, the agency must 

simultaneously appeal the AJ's decision to EEOC's OFO. A copy of the agency's appeal must be 

appended to the agency's final order. 29 C.F.R. Section 1614.204(d)(7). A dismissal of a class 

complaint shall inform the class agent either that the complaint is being filed on that date as an 

individual complaint and processed accordingly, or that the complaint is also dismissed as an individual 

complaint for one of the reasons for dismissal (discussed in section E, above). In addition, a dismissal 

must inform the class agent of the right to appeal to EEOC's OFO or to file a civil action in federal court. 

When a class complaint is accepted, the agency must use reasonable means to notify the class 

members of the acceptance of the class complaint, a description of the issues accepted as part of the 

complaint, an explanation of the binding nature of the final decision or resolution on the class members, 

and the name, address and telephone number of the class representative. 29 C.F.R. Section 

1614.204(e). In lieu of an investigation by the respondent agency, an EEOC AJ develops the record 

through discovery and a hearing. The AJ then issues a recommended decision to the agency. Within 60 

days of receipt of the AJ's recommended decision on the merits of the class complaint, the agency 

must issue a final decision which either accepts, rejects or modifies the AJ's recommended decision. If 

the agency fails to issue such a decision within that time frame, the AJ's recommended decision 

becomes the agency's final decision in the class complaint. 

When discrimination is found in the final decision and a class member believes that he or she is entitled 

to relief, the class member may file a written claim with the agency within 30 days of receipt of 

notification by the agency of its final decision. The EEOC AJ retains jurisdiction over the complaint in 

order to resolve disputed claims by class members. The claim for relief must contain a specific showing 

that the claimant is a class member entitled to relief. EEOC's regulations provide that, when a finding of 

discrimination against a class has been made, there is a presumption of discrimination as to each 

member of the class. The agency must show by clear and convincing evidence that any class member 

is not entitled to relief. The agency must issue a final decision on each individual claim for relief within 

90 days of filing. Such decision may be appealed to EEOC's OFO, or a civil action may be filed in 

federal court. 29 C.F.R. Section 1614.204(l)(3). 

A class complaint may be resolved at any time by agreement between the agency and the class agent. 

Notice of such resolution must be provided to all class members and reviewed and approved by an 

EEOC AJ. If the AJ finds that the proposed resolution is not fair to the class as a whole, the AJ will 
 

 

 

 

 

issue a decision vacating the agreement, and may replace the class agent with some other eligible 

class member to further process the class complaint. Such decision may be appealed to EEOC. If the 

AJ finds that the resolution is fair to the class as a whole, the resolution is binding on all class 

members. 29 C.F.R. Section 1614.204(g). 

Grievances 

Persons covered by collective bargaining agreements which permit allegations of discrimination to be 

raised in the grievance procedure, and who wish to file a complaint or grievance on an allegation of 

employment discrimination, must elect to proceed either under the procedures of 29 C.F.R. Part 1614 

or the negotiated grievance procedures, but not both. 29 C.F.R. Section 1614.301(a). An election to 

proceed under Part 1614 is made by the filing of a complaint, and an election to proceed under the 

negotiated grievance procedures is made by filing a grievance. Participation in the pre-complaint 

procedures of Part 1614 is not an election of the 1614 procedures. The election requirement does not 

apply to employees of agencies not covered by 5 U.S.C. Section 7121(d), notably employees of the 

United States Postal Service. 

Mixed Case Complaints 

Some employment actions which may be the subject of a discrimination complaint under Part 1614 may 

also be appealed to the Merit Systems Protection Board (MSPB). In such cases, the employee must 

elect to proceed with a complaint as a "mixed case complaint" under Part 1614, or a "mixed case 

appeal" before the MSPB. Whichever is filed first is considered an election to proceed in that forum. 29 

C.F.R. Section 1614.302. 

Mixed case complaints are processed similarly to other complaints of discrimination, with the following 

notable exceptions: (1) the agency has only 120 days from the date of the filing of the mixed case 

complaint to issue a final decision, and the complainant may appeal the matter to the MSPB or file a 

civil action any time thereafter; (2) the complainant must appeal the agency's decision to the MSPB, not 

the EEOC, within 30 days of receipt of the agency's decision; (3) at the completion of the investigation 

the complainant does not have the right to request a hearing before an EEOC AJ, and the agency must 

issue a decision within 45 days. 29 C.F.R. Section 1614.302(d). 

Individuals who have filed either a mixed case complaint or a mixed case appeal, and who have 

received a final decision from the MSPB, may petition the EEOC to review the MSPB final decision. 

In contrast to non-mixed matters, individuals who wish to file a civil action in mixed- case matters must 

file within 30 days (not 90) of receipt of: (1) the agency's final decision; (2) the MSPB's final decision; or 

(3) the EEOC's decision on a petition to review. Alternatively, a civil action may be filed after 120 days 

from the date of filing the mixed case complaint with the agency or the mixed case appeal with the 
MSPB if there has been no final decision on the complaint or appeal, or 180 days after filing a petition 

to review with EEOC if there has been no decision by EEOC on the petition. 29 C.F.R. Section 

1614.310.