The Equal Employment Opportunity complaint process is designed to resolve employment issues related to discrimination based on race, color, religion, sex, gender identity, national origin, age (+40), disability or genetics.
Here’s how the process works:
- Contact an EEO counselor: employees or applicants who believe they have been discriminated against within 45 days of the alleged DISCRIMINATION. The EEO counselor may offer EEO counseling or an alternative dispute resolution option such as mediation.
- Formal complaint: if the dispute isn’t resolved informally or via ADR, file a formal complaint within 15 days of receiving instructions from the EEO counselor on how to file. The agency reviews the complaint to check for procedural issues such as timeliness.
- Investigation: If the complaint isn’t dismissed, the agency has 180 days from the filing date to conduct the investigation. Once completed, the agency issues a notice offering two options : request a hearing with an EEOC administrative judge or request the agency to issue a decision regarding the discrimination.
- Agency decision: if the agency issues a decision and no discrimination is found or you disagree, you can appeal the decision to the EEOC or file a lawsuit in federal district Court.
- Requesting a hearing: if you opt a hearing, it must be requested within 30 days from receiving the notice on your hearing rights. The EEOC administrative judge will conduct the hearing and issue a decision.
- Final order: after receiving the judge’s decision, the agency will issue a final order within 40 days, indicating whether it agrees with the judge’s decision and what relief will be granted. The final order also provides instructions on how to appeal or file a civil lawsuit.
- Filing an appeal: you can appeal the agency’s final order to the EEOC office of federal operations within 30 days. Appeals can be managed through the EEOC public portal.
- Reconsideration: if you disagree with the EEOC’s appeal decision, you may request reconsideration within 30 days if there was a mistake in facts or law.
- Filing a lawsuit: you can file a lawsuit under the following conditions :
- After 180 days if the agency hasn’t issued a decision and no appeal is filed.
- Within 90 days from receiving the agency’s decision as long as no appeal is filed.
- After 180 days from filing the appeal if the EEOC hasn’t made a decision.
- Within 90 days from the EEOC’s decision on the appeal.
This process is aimed at addressing and resolving workplace discrimination, ensuring fairness and equal treatment in employment.