Complaints of Employment Discrimination under Federal Antidiscrimination Laws

The Equal Employment Opportunity Commission (EEOC) has the authority to establish the procedures federal agencies use to process complaints of employment discrimination made by applicants or employees who believe they have been discriminated against in violation of those Federal Antidiscrimination Laws that prohibit discrimination on the basis of race, color, religion, gender, national origin, age or disability or retaliation for participating in the EEO process or opposing employment discrimination.

• EEOC's regulations for the federal administrative complaint process are published in the Code of Federal Regulations at 29 CFR 1614.
   
• SEC's Administrative complaint process is conducted by the EEO Office in compliance with EEOC regulations and directives

Time Limit: Process Must Begin Within 45 Days of Discriminatory Act

To preserve their rights under EEO laws, applicants for employment and employees are required to timely contact an SEC EEO Counselor.

• Timely contact means making the contact within 45 calendar days from the day the individual learned of the matter believed to have been employment discrimination.
   
• Applicants may contact the EEO Office to enter EEO Counseling

EEO Counseling

EEO Counseling is required before a formal complaint of discrimination may be filed. Individuals must cooperate in good faith with the EEO Counseling process to preserve their rights to access the formal EEO Complaint Process. During EEO Counseling, the EEO Counselor provides about legal rights and responsibilities related to the Administrative Complaint process. Attempts to resolve disputes will be made by an EEO Counselor or by an EEO Mediator. EEO Counseling usually takes from 30 to 90 days.

Formal Complaints of Discrimination

Formal Complaints may only be filed after an individual has completed the EEO Counseling Process.

• Notice given at the end of EEO Counseling or Mediation explains the requirements for filing complaints of discrimination.
   
• Detailed information about the formal complaint process is published in EEOC regulations 29 CFR 1614.106 -110.

Alternative Dispute Resolution: EEO Mediation

EEO Mediation is the Alternative Dispute Resolution process SEC uses upon request in appropriate EEO Administrative Process cases. EEO Mediation may be used instead of traditional EEO Counseling to resolve informal complaints and may also be used to resolve formal EEO Complaints. EEO Counselors provide information about EEO Mediation to aggrieved individuals who enter EEO Counseling. EEO Mediation may be requested at any stage of the Administrative Process. Requests for EEO Mediation must be approved by the SEC's EEO Director.