Policy

It is the policy of the Federal Railroad Administration to provide equal employment opportunity for all of its employees and applicants for employment in every aspect of their employment and working conditions. Important aspects of an effective equal employment opportunity program are a vigorous affirmative action program and a discrimination processing system which facilitates the early informal resolution of complaints raised. This table provides specific information on how the administrative EEO process works.

Complaints of discrimination may be filed by any employee or applicant for employment with FRA who believes he/she has been discriminated against on the basis of:

• race
• color
• religion
• national origin
• sex (includes sexual harassment)
• age (40 and up)
• disability (physical & mental)
• reprisal
• sexual orientation

1. Precomplaint Process

Filing : Complainant (employee or applicant) must contact an EEO Counselor within 45 calendar days of an alleged discriminatory action. (Names of EEO Counselors may be obtained from bulletin boards, the local Civil Rights office or by assessing the counselor page on this website.)

2. Counseling

The EEO Counselor will try to resolve the matter informally within 30 calendar days from the date of the initial interview with complainant. Counseling may be extended up to 60 additional days, upon agreement of complainant and EEO office, or if an established Alternative Dispute Resolution (ADR) procedure is utilized.

3. Formal Complaint Process

Filing Complainant may file a written formal complaint with the Agency, within 15 calendar days after the final interview with the EEO counselor.

4. Acceptance/Dismissal

If the complaint is accepted by the Agency, an investigator will be assigned to collect all relevant information pertaining to the complaint. If portions of the complaint are dismissed, the complainant will be provided, in writing, the reason(s) for dismissal and informed of his/her right to appeal the decision

5. Investigation

The Agency is required to complete the investigation within 180 days from the filing of the formal complaint, with a possible extension of 90 additional days, upon mutual agreement. After the investigation, complainant may request a Final Agency Decision or a hearing by EEOC. (Complainant may also request a hearing after 180 days has elapsed from the filing of the complaint, if the investigation has not been completed.)

6. Agency Final Decision

If complainant requests a Final Agency Decision, the Agency will issue a decision on the complaint. The decision, based on information in the investigative file, is issued within 60 days.

7. EEOC Hearing

If complainant requests a hearing by EEOC, an EEOC Administrative Judge (AJ) conducts a hearing and issues a decision within 180 days of the request. If the agency does not issue a final order within 40 days of receipt of the AJ’s decision, the AJ's decision shall become the final action of the agency.

8. Appeals

Complainant, if dissatisfied with the Agency’s Final Decision, may appeal to EEOC’s Office of Federal Operations (OFO) or file a civil action in a U.S. District Court.

9. Right to file a civil action

Complainant, if dissatisfied with OFO’s decision, may request reopening and reconsideration by EEOC or may file a civil action in a U.S. District Court. Complainants who raise a claim under the Age Discrimination in Employment Act may bypass the administrative process by filing a notice of intent to sue with EEOC at least 30 days before filing a civil action in court.

10. EEO Process vs Union Process

Employees covered by bargaining agreements may use the union grievance procedures or the EEO complaint process as applicable. Please refer to the Memorandum of Agreement between the FRA and AFGE.

11. Class Complaints

The Civil Rights Office will provide counseling in "class" complaints. The Director will designate a counselor for "class" complaints as in the informal process. Formal Class Complaints will be processed by the Agency.

Additional Information

Additional information pertaining to the EEO complaint process may be obtained from the Office of Civil Rights, ROA-10, 1120 Vermont Ave N.W., Washington, DC 20590 (address current until 11/29/2007);

1200 New Jersey Ave, SE, 3rd Floor West, Washington, DC 20590 (address valid as of 12/03/2007).  Phone: 202-493-6012