This is a hypertext version of an official publication of the U.S. Department of Commerce Office of Civil Rights.

EEO Complaint Investigations

"All employees are entitled to transparent, fair, and timely processing of their complaints."

- Ronald H. Brown, U.S. Secretary of Commerce, Diversity Policy Statement, July 21, 1994

As a federal employee or applicant for employment, you have the right to a workplace free of unlawful discrimination based on race, color, sex (gender), national origin, religion, age (40 and over), and disability. You also have a right to freedom from retaliation for filing an Equal Employment Opportunity (EEO) complaint, participating in the EEO complaint process, or opposing unlawful discrimination. The EEO complaint process is a legal process designed to safeguard these rights. This fact sheet explains how EEO complaints are investigated.

WHO CONDUCTS INVESTIGATIONS?

The Department's Office of Civil Rights (OCR) processes EEO complaints filed by the Department's employees and applicants for employment. Once OCR accepts a complaint, an Investigator is assigned. Some Investigators are OCR staff members. Others perform work for OCR under contract with a private company or agreement with another Federal agency.

IS THERE A DEADLINE FOR COMPLETION OF INVESTIGATIONS?

OCR must complete its investigation within 180 calendar days after the date the complaint is filed. If the complainant and OCR agree that more time is needed, this time period may be extended for up to 90 days.

WHAT IS THE ROLE OF THE INVESTIGATOR?

Investigators collect evidence related to the complaint. They also decide which witnesses will be interviewed and which documents will be collected. Investigators do not make or recommend decisions about whether a law has been violated. They also do not give advice to the complainant, agency witnesses, or other witnesses. Investigators should do the following during each interview:

• introduce themselves;
• show a letter of authority and explain the purpose of the contact;
• answer questions about the rights and obligations of witnesses in the complaint process and state the desire of the Department to process the complaint as promptly as possible;
• take testimony by asking questions; and
• collect documentary evidence and statistical data.

Testimony is usually summarized in signed statements, also called affidavits. Witnesses swear to the truth of their affidavits under penalty of perjury.

ARE DEPARTMENT OF COMMERCE EMPLOYEES REQUIRED TO PARTICIPATE IN INVESTIGATIONS?

All Department employees are required to cooperate with EEO Investigators. An employee may have to do the following:

• meet with the Investigator and answer questions;
• sign a sworn statement summarizing answers provided during the interview;
• give the Investigator the names of other people with information about the complaint; and
• provide documentary evidence related to the complaint.

Failing to cooperate with the Investigator is a very serious violation of Department rules of conduct. An employee may be disciplined for failing to answer questions; or for misrepresentation, falsification, or omission of a material fact in connection with an authorized investigation. See the Department's "Table of Offenses and Penalties" found in Department Administrative Order 202-751.

DOES THE INVESTIGATOR PREPARE A REPORT OF INVESTIGATION?

Yes, the Report of Investigation (ROI) includes the Investigator's summary of the evidence, procedural correspondence, documents and statistics collected by the Investigator, and affidavits. The ROI is sent by Certified Mail to the complainant and the complainant's representative, unless other arrangements have been made with the Office of Civil Rights. Unauthorized disclosure by anyone of personal information contained in the ROI is prohibited.

WHAT HAPPENS AFTER THE INVESTIGATION?

In most cases, the complainant can choose to have a hearing before an Equal Employment Opportunity Commission Administrative Judge or a final decision by the Department of Commerce without a hearing. When the ROI is mailed, complainants are also sent a letter that outlines their rights and the next steps in the complaint process.

THE EEO COMPLAINT PROCESS

To make the EEO complaint process work appropriately and effectively for you, you need to know what it can and cannot do. The EEO complaint process can correct management actions that are proven to be unlawful under EEO laws. It cannot substitute for trying to resolve normal work day issues with your supervisor, other managers and coworkers. And it cannot correct management actions solely because they are unfair. It is your responsibility to decide whether the EEO process is the right place to address your charges and whether you believe the evidence will support your charges. EEO Counselors and Investigators, EEO Office staff and OCR staff can give you information about EEO laws and procedures, but they cannot act as your representatives or advocates.

FOR MORE INFORMATION:

• Contact an EEO Counselor or your Agency EEO Office.
• Call the Department's Office of Civil Rights (OCR) at (202) 482-4993 (V/TTY/TDD).
• See the OCR Bulletin Board on the Banyan/Vines Computer Network.
• See other OCR publications, including:
  • EEO Laws: Questions and Answers
  • The Equal Employment Opportunity Complaint Process
  • Do You Have an EEO Complaint?

TO ORDER OCR PUBLICATIONS:

• by phone: (202) 482-4993 (V/TTY/TDD)
• by mail: U.S. Department of Commerce, Office of Civil Rights, HCHB Room 6010, Washington D.C. 20230
• by e-mail: Civil Rights~DIR~OCR (Banyan/Vines e-mail) or crights@doc.gov (Internet)
• by fax: (202) 482-5375

OCR publications can be made available in other formats upon request by any of the above methods.

The information contained in this publication is intended as a general overview and does not carry the force of legal opinion.

U.S. DEPARTMENT OF COMMERCE
Office of Civil Rights
January 1995

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Last update: 10/29/01
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