U.S. Department of 

Transportation 

Office of the Secretary 

Of Transportation 

Departmental Office of Civil Rights 

1200 New Jersey Avenue, S.E., W76-401 

Washington, DC 20590 

Memorandum 

To: Civil Rights Directors 

U.S. Department of Transportation 

From: Charles James, Director 

Departmental Office of Civil Rights 

U.S. Department of Transportation 

Re: Departmental Office of Civil Rights EEO Complaint Processing Changes 

During National Emergency and Mandatory Agency Telework 

Date: April 28, 2020 

The Departmental Office of Civil Rights (DOCR) has implemented the following 

processing changes regarding the Department of Transportation (DOT) Equal 

Employment Opportunity (EEO) complaints processed during the National 

Emergency. These changes will be adhered to until the National Emergency is lifted 

or further guidance is received from the U.S. Equal Employment Opportunity 

Commission (EEOC) or U. S. Merit Systems Protections Board (MSPB). The changes 

articulated below are also in conjunction, and in compliance, with EEOC Memo on 

Processing Information for All Parties in Federal EEO Processing under 29 CFR 

Part 1614, dated April 6, 2020 (hereinafter “EEOC Memo”). This processing notice 

also conforms with the MSPB Notice regarding Processing Mixed Cases During 

COVID-19 National Emergency, issued April 23, 2020. 

I. Informal EEO Process 

DOCR provides the following recommendations regarding EEO Counseling 

performed by the AOs. 

• EEO Counselors should provide a copy of the EEOC Memo to all Aggrieved 

Parties at the initiation of the counseling session. For those cases already in 

counseling, EEO Counselors should issue a copy of the EEOC Memo before the 

close of counseling. The issuance of the EEOC Memo should be included as a part 

of the Counseling Reports subsequently submitted to DOCR for further 

processing. 

• All documents should be signed electronically by EEO Counselors and to the 

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extent possible by Counselees until further notice. 

• Website pages, internal and external, should be updated accordingly with new 

instructions for requesting EEO Counseling (if your process has changed due to 

current limited access to Federal buildings). 

• Forms should include the assigned EEO Counselor’s email for all document 

submissions. Counselors should obtain the Complainant’s work and personal 

email (as some employees may not have continued access to their work email 

through the entire EEO process). 

• Rights & Responsibilities documents should be updated with the specifications 

issued in this notice. 

• Counseling Interviews may be conducted telephonically or use other DOT 

approved IT systems (such as Microsoft Teams) until further notice. 

DOCR requires the following of all OA OCRs with respect to EEO Counseling 

having direct impact on DOCR and the processing of Formal complaints. 

• Counselors must update forms, correspondence documents, and provide 

instructions to Aggrieved Parties that Formal Complaints are to be submitted 

through DOCR’s web portal https://secure.dot.gov/form/eeoc. Formal complaints 

submitted by regular U.S. mail may be delayed in processing as DOCR’s ability 

to retrieve and process mail has been limited. 

• The Notice of Right to File (NRTF) generated by IComplaints has been 

updated to instruct the Aggrieved Party to file his or her Formal complaint 

electronically through the DOCR portal. https://secure.dot.gov/form/eeoc 

• Counseling Reports should be completed and signed electronically and issued via 

electronic mail only until further notice. All hard copy Counselor Report 

attachments should be scanned where possible and submitted electronically. 

Where the EEO Counselor does not have access to a scanner, the attachments 

should be enumerated and include a statement identifying who provided the 

document (i.e. Aggrieved Party, RMO, HRD etc.,) and signify which attachments 

are being retained by the Counselor. The Counselor should also describe the 

contents of the attachments so that DOCR is aware of the contents of the 

document(s) despite not having access to attachments in the evaluation of 

claims. Thus, EEO Counselor Reports should not be delayeddue to the 

Counselor’s inability to include attachments. 

• Written correspondence to the Counselee/Aggrieved Party providing 

instruction about the Formal complaint process should include the following 

footnote: 

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Dueto limitedFederalbuildingaccess,allnoticesandcorrespondence 

concerning your EEO Counseling and/or Complaint will be sent via 

electronic transmission until further notice. We ask that you or your 

representative notify DOCR if your work or personal email 

address(es) change at any time during the course of processing your 

EEO complaint. Pleasesendnotificationofemailaddresschangesto 

patricia.fields@dot.gov or your EEO Counselor as applicable. 

OAs should also inform Aggrieved Parties and representatives to notify DOCR of 

any work or personal email address(es) changes via email to 

patricia.fields@dot.gov. 

• Email issuance of all documents and forms will be tracked using Read Receipts 

and Delivery Receipts via Outlook. Said receipts/messages for each case will be 

uploaded into iComplaints for tracking and service of process documentation. 

Counselors may also request email reply responses acknowledging receipt of 

information, but should also include delivery/read receipts in case the recipient 

fails to provide an electronic acknowledgment. 

• All correspondence and processing of the EEO complaints must remain in a 

need to know only basis. Documents with PII should be password protected 

when emailed between parties. Sender should use a separate email 

transmission for the password. 

• Conflict Counseling and OST Counseling Requests should be made 

electronically to Matthew Lewis, Compliance Branch Chief, 

matthew.lewis@dot.gov. 

II. Formal EEO Complaints Process 

Until further notice all DOCR processing documents and instructions will be 

provided electronically to all parties. This will include the following: 

• Acknowledgement Letters. Along with DOCR’s acknowledgement of the 

Complainant’s Formal complaint, Complainants and representatives will be 

issued copies of the EEOC Memo, dated April 6, 2020. 

• Acceptance and Dismissal Letters. These letters will be issued to Complainants 

and Representatives electronically only. The letters will include notice of the 

EEOC Memo by hyperlink. Copies of the decision of acceptance or dismissal will 

continue to be distributed to Agency POCs by Share File folders. 

Other correspondence (amendments, articulation decisions, extension 

agreements, revisions etc.) will also be issued electronically only. All 

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correspondence issued during the investigation stage will also include notice 

of the EEOC Memo by hyperlink. Distribution to Agency POCs will continue 

through the Share File folders. 

• Reports of Investigations will be issued electronically only. Along with the 

Reports of Investigations, notice of the EEOC Memo, by hyperlink, will be 

included in the notice of election (i.e., transmittal letter). 

• Complainants will be advised to submit final agency decision requests and 

hearing requests to the following email: 

DOCRFADandHearingRequests@dot.gov, only, until further notice. 

• Complainants will be advised to submit copies of appeals of complaint 

dismissal decisions to the following email 

DOCR-EEOC-HearingandAppealCorrespondence@dot.gov, only, until further 

notice. 

III. Compliance Process 

• Email addresses to be used as appropriate in various correspondence: 

1. DOCR-FADandHearingRequests@dot.gov 

The above email address should be used solely for the initial request from a 

Complainant or Representative for either a FAD or a Hearing. It is also used for 

any initial supporting documentation that the Complainant wants to file in 

support of his or her complaint. This box also receives appropriate correspondence 

from the EEOC Portal with regard to initial FADs and Hearings Requests. 

2. DOCR-EEOC-HearingandAppealCorrespondence@dot.gov 

The above general mailbox should be used after the initial request for a FAD or 

Hearing for ongoing correspondence, document submissions or other inquiries 

from Complainants or Representatives. This box also receives appropriate 

correspondence from the EEOC Portal with regard to supplemental updates after 

filing, etc. 

3. MSPB Appeal Portal 

https://e-appeal.mspb.gov/ 

4. EEOC Hearing and Appeal Portal 

https://publicportal.eeoc.gov/Portal/Login.aspx 

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• All correspondence should be revised to include the stated preference for 

electronic submission of appeals, elections, etc. until further notice and also 

include appropriate email addresses for submission. 

IV. Current EEOC Guidance During the National Emergency 

• Tolling. The regulatory timeframes set forth in 29 C.F.R. Part 1614 will be 

subject to the equitable tolling provisions set forth in 29 C.F.R. §1614.604(c). 

Absent mutual agreement, Agencies and Complainants will be required to 

document in the record the reason(s) why tolling any of the time limits set forth 

in 29 CFR Part 1614 is necessary. Such justification will fully be considered by 

the Commission in any appeal raised in the matter. 

• Extension of Timeframes. Per current EEOC guidance, Agencies and 

Complainants are encouraged to seek mutual agreement with respect to the 

extension of any timeframes. Where such agreements are reached, they should be 

reduced to writing and made part of the record. OFO will honor such agreements 

on appeal, unless they are clearly onerous to one party or otherwise violate the 

standards for equitable tolling, waiver or estoppel. 

• Hearings. EEOC Administrative Judges (AJs) will continue to manage the 

hearings program. AJs will continue to hold conferences, manage discovery, refer 

cases to ADR and settlement, issue summary judgment decisions and, where 

appropriate, hold hearings and issue decisions. In light of the national 

emergency, the EEOC says that either party can seek an extension or other relief 

from any deadline for good cause shown to the AJ. 

DOCR does not have jurisdiction over complaints at hearing or on appeal; 

therefore, DOCR will not provide copies of the EEOC Memo to Complainants 

currently at hearing or on appeal. If counsel for the OA chooses to provide notice, 

counsel should provide copies of the same correspondence to the EEOC AJ (if 

assigned), EEOC regional/district office or Office of Federal Operations (for 

appeals). 

• Final Actions: The following applies to Final Agency Decisions (FADs) and 

Final Orders (FO). The EEOC has asked that Agencies not to issue final actions 

on any EEO complaint, unless the investigation is complete and the 

Complainant has requested that the final action be issued. 

DOCR will hold in abeyance FADs which are not expressly requested by the 

Complainant. Instead of issuing a FAD on the merits, DOCR will provide 

written notice to the Complainant and Agency that the FAD will be held in 

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abeyance until further notice or receipt of express written notification from the 

Complainant requesting the FAD. These FADs will be prepared but not issued. 

This procedural change does not include FADs in which the Complainant has 

withdrawn from the hearing process and a Final Agency Decision is requested 

or ordered by an EEOC AJ. 

DOCR will issue Final Orders in complaints where the AJ does not instruct the 

Agency to hold the action. This will preserve the right to appeal the decision by 

either party in accordance 29 C.F.R. Section 1614.110 (a). DOCR takes this 

position, as EEOC AJ Decisions continue to include Notices to the Parties 

requiring that the Agency issue Final Orders within forty (40) days of the decision. 

The notices in these decisions, also instruct that if the Agency fails to issue a final 

order, the Complainant will have the right to file his or her own appeal within 

thirty (30) days of the conclusion of the Agency’s forty (40) day period for issuing a 

final order. See EEOC Management Directive 110, Chapter 9, § II(A)(1)(c) (Aug. 5, 

2015). 

DOCR will issue a correspondence to the EEOC AJ and parties noting why the 

Final Order was issued in these particular incidents. 

For AJ Decisions that do not have similar instructions, noted above, DOCR will 

not issue Final Orders and instead, DOCR will issue a letter instructing the 

Complainant that the Final Order will not be issued per the EEOC Memo. Agency 

POCs will be provided copies of the correspondence. 

• Appeals. The EEOC will continue to prepare appellate decisions but will not mail 

those decisions. A Complainant who provides an e-mail address and waives first 

class mailing may request the decision via e-mail to ofo.eeoc@eeoc.gov. The 

Commission is extremely cognizant of preserving a party’s right to file a civil 

action in U.S. District Court. Given the current National Emergency, the 

Commission is suspending issuance of all appellate decisions via the U. S. mail 

until further notice in order to best preserve those rights. 

• Until further notice, similar to DOCR, OFO does not have access to U.S. Mail; 

rather, they ask that all submissions and communications from both Agencies and 

Complainants be digital, via the Public Portal/FEDSEP or email as appropriate. 

They ask that those who submitted items via U.S. Mail on or after March 6, 2020 

to resubmit them via the Public Portal/FEDSEP or email as appropriate. 

• Each Agency, including DOT, subject to the regulations at 29 CFR Part 1614 is 

directed to forward a copy of the EEOC’s recent notice or information contained 

therein, using the most effective available method, including providing an 

EEOC web link in Agency correspondence, to each Complainant with a pending 

EEO matter and to each person who hereafter contacts an Agency EEO 

Counselor or otherwise enters into the Agency’s EEO process. 

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DOCR will include a link to the EEOC’s website, 

https://www.eeoc.gov/coronavirus/federal_eeo_processing.cfm, to comply with this 

instruction as noted above. 

V. Current MSPB Guidance During the National Emergency 

• MSPB Matters. MSPB Administrative Judges (MSPB AJ) are continuing to 

process appeals of mixed and non-mixed cases, including cases in which a 

hearing has been requested. MSPB will not delay issuance of mixed case 

decisions appealable to the Board. MSPB has received no indication that the 

Federal courts to which they are appealable, even if closed for most purposes, are 

not accepting appeals filed with them. 

In accordance with MSPB, DOCR will continue to issue FADs on mixed 

complaints which are directly appealable to MSPB. These FADs will be issued 

within applicable timeframes (45 days). Non-appealable claims, in which the 

EEOC has jurisdiction, will be held in abeyance as instructed by the EEOC 

Memo, unless the Complainant provides express notice requesting a FAD. DOCR 

will provide the Complainant and Agency notice regarding of the abeyance of nonappealable claims per the EEOC Memo. 

• MSPB Timelines. MSPB cases will continue to be processed without changes to 

general timelines. MSPB will apply a good cause standard in judging the 

reasons for late appeals and pleadings and continue to do so during the present 

National emergency. 

• Electronic Filings. MSPB AJs have waived MSPB’s rule disallowing the use of 

email to transmit pleadings to MSPB under certain circumstances, and have 

made limited arrangements for sending and receiving Postal mail for those that 

cannot communicate any other way, although some delays may result from this 

form of service. 

• MSPB urges parties to take advantage of e-Appeal in order to minimize any 

disruption to the adjudication of their appeals. https://e-appeal.mspb.gov/ 

If you have any questions concerning the changes in EEO complaint processing under 

the National Emergency, please contact Beverly Onwubere, Associate Director, EEO 

Complaints and Investigations, Complaints Adjudication and Program Evaluation 

Divisions, at 202-366-5988 or beverly.onwubere@dot.gov. 

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