When it comes to filing an EEO complaint, for federal employees it is all about timing. In the federal sector EEO process, there are deadlines for both the employee, as well as the Agency. The following is a brief overview of the federal sector EEO process. Please remember that the process for private sector employees is very different than that of the federal sector employee.
Federal employees have 45 days from the date of the discriminatory action to contact an EEO counselor. This 45-day deadline for federal employees is much shorter than the time period that private sector employees are given to complain about discriminatory actions. While 45 days may sound like a long time, to avoid accidentally missing this deadline, federal employees should contact their EEO counselor as soon as possible after the discriminatory act occurs.
Once the initial contact with the EEO counselor has been made, the employee can chose to engage in Alternative Dispute Resolution, or in traditional EEO counseling. If the employee chooses the traditional counseling route, the Agency has 30 days to complete counseling. If the employee chooses the ADR route, then the Agency has 90 days to complete ADR. After counseling or ADR has been completed, the agency should issue a notice that includes information regarding the employee’s right to file a formal EEO complaint. It is important to remember that the employee has only 15 days from the date this notice is received to file a formal complaint. If the Agency fails to issue this notice within the time period allowed, the employee can ask, in writing, for a notice of right to file a formal complaint.
When the formal complaint has been filed, the Agency has 180 days to complete its investigation of the complaint. At the end of the investigation, the Agency then has to send the employee a copy of the Report of Investigation, as well as a notice of the employee’s right to file a formal EEO complaint. Employees have 30 days from the date that they received the Report of Investigation to request a hearing. If it has been more than 180 days since the formal complaint was filed, the employee can request a hearing before an Administrative Judge, even without first receiving the ROI.
For more information about the processing of EEO complaints for federal employees, a good starting place is your own Agency’s website. In addition, the EEOC’s website has a section specifically for federal sector employees, and on this page you can find detailed information regarding the processing of EEO complaints. To schedule a consultation to discuss your federal sector EEO complaint, please contact Ms. Whitfield at 301.869.8774, or use our online consultation form.
This blog is not intended to provide legal advice or representation, but rather to provide very general information regarding a variety of subject areas. The viewing of the information contained on this blog does not create or establish an attorney-client relationship. Further, this information should not be relied upon without first consulting with an attorney regarding your specific situation.
Federal employees have 45 days from the date of the discriminatory action to contact an EEO counselor. This 45-day deadline for federal employees is much shorter than the time period that private sector employees are given to complain about discriminatory actions. While 45 days may sound like a long time, to avoid accidentally missing this deadline, federal employees should contact their EEO counselor as soon as possible after the discriminatory act occurs.
Once the initial contact with the EEO counselor has been made, the employee can chose to engage in Alternative Dispute Resolution, or in traditional EEO counseling. If the employee chooses the traditional counseling route, the Agency has 30 days to complete counseling. If the employee chooses the ADR route, then the Agency has 90 days to complete ADR. After counseling or ADR has been completed, the agency should issue a notice that includes information regarding the employee’s right to file a formal EEO complaint. It is important to remember that the employee has only 15 days from the date this notice is received to file a formal complaint. If the Agency fails to issue this notice within the time period allowed, the employee can ask, in writing, for a notice of right to file a formal complaint.
When the formal complaint has been filed, the Agency has 180 days to complete its investigation of the complaint. At the end of the investigation, the Agency then has to send the employee a copy of the Report of Investigation, as well as a notice of the employee’s right to file a formal EEO complaint. Employees have 30 days from the date that they received the Report of Investigation to request a hearing. If it has been more than 180 days since the formal complaint was filed, the employee can request a hearing before an Administrative Judge, even without first receiving the ROI.
For more information about the processing of EEO complaints for federal employees, a good starting place is your own Agency’s website. In addition, the EEOC’s website has a section specifically for federal sector employees, and on this page you can find detailed information regarding the processing of EEO complaints. To schedule a consultation to discuss your federal sector EEO complaint, please contact Ms. Whitfield at 301.869.8774, or use our online consultation form.
This blog is not intended to provide legal advice or representation, but rather to provide very general information regarding a variety of subject areas. The viewing of the information contained on this blog does not create or establish an attorney-client relationship. Further, this information should not be relied upon without first consulting with an attorney regarding your specific situation.
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