EEO Office - Portland District - US Army Corps of Engineers

Complaint Process

STEPS IN INDIVIDUAL COMPLAINTS OF DISCRIMINATION

ACTION

TIME LIMITS

Employee or applicant must contact EEO Staff.

Mary Bretz (503) 808-4533

Jim Richards (503) 808-4531

LaMar Williams (503) 808-4530

Within 45 days of the date of the matter alleged to be discriminatory or within 45 days of the effective date of a personnel action. For extensions of time limits, see paragraph 2-5a(6) of EEO Discrimination Complaints Summary.

EEO specialist or manager makes inquiry, tries to resolve complaint informally, conducts final interview, and, if complaint is not resolved, gives complainant written notice of right to file formal complaint.

Within 30 days after matter first called to EEO Counselor's attention.

Complainant may agree in writing to extend the counseling period up to an additional 60 days.

Within initial 30 day counseling period.

Complainant files formal complaint (DA Form 2590-R) in writing with EEO Manager or any other designated official. Must advise EEO Manager if he or she obtains legal or other representation.

Within 15 days after receipt of the Notice of Final Interview.

EEO Manager accepts or dismisses the formal complaint in whole or in part.

Within 5 days after receipt of complaint.

EEO Manager sends file to Office of Complaints Investigations (OCI) requesting assignment of an investigator if any part of complaint is accepted. If complaint is dismissed, EEO Manager notifies complainant and representative.

Within 3 days after acceptance.

Complainant may appeal dismissal by Army to Equal Employment Opportunity Commission (EEOC), Office of Federal Operations (OFO). If complainant appeals a partial dismissal to EEOC, the investigation of the accepted portion of the complaint will be held in abeyance pending EEOC's decision on appeal.

Within 30 days of receipt of notice of dismissal.

OCI investigator completes investigation and sends investigative file to activity.

Within 120 days of receipt of complaint unless 90 day extension agreed to by complainant-representative or within timeframe specified in an order from EEOC.

Activity sends notice, investigative report file, and complaint to complainant/representative.

Within 3 workdays of receipt of OCI investigative file or 180 days from filing of complaint (whichever comes first), unless 90 day extension agreed to by complainant-representative.

Complainant may request EEOC hearing or Army decision without hearing

Within 30 days of receipt of notice.

If complainant fails to respond, EEO Manager notifies EEOCCRA for final Army decision.

36 days after dispatching notice.

If complainant asks for decision without hearing, EEO manager sends request to Equal Employment Opportunity Compliance and Complaints Review Agency (EEOCCRA).

Within 3 workdays of receipt of complainant's election.

If complainant requests hearing, EEO Manager requests administrative judge from EEOC.

Within 3 workdays of receipt of complainant's election.

Hearing held and findings and recommendations sent by EEOC to EEOCCRA.

Within 180 days of receipt by an EEOC administrative judge.

Army final decision by the Director of EEOC, including appeal rights.

Within 60 days of notification that complainant has requested an immediate decision without hearing; within 60 days of EEOCCRA's receipt of administrative judge's finding and conclusions; or within 60 days of the end of the 30 day period plus the 5 day presumptive mailing time, where the complainant has not requested either a hearing or a final decision.

Appeal to EEOC:

Complainant sends notice of appeal to EEOC with copy to EEOCCRA.

Within 30 days of receiving Army final decision.

Complainant sends statement or brief to support appeal of Army decision to EEOC with a copy of the EEO Manager and to EEOCCRA.

Within 30 days of filing Notice of Appeal.

Civil action by complainant:

Before final Army decision.

After 180 days of filing formal complaint, if no appeal to EEOC.

Instead of appeal to EEOC after Army final decision.

Within 30 days of receiving Army decision if no appeal to EEOC.

Before EEOC final decision or appeal.

After 180 days of filing appeal to EEOC, if no decision from EEOC.

After EEOC final decision on appeal.

Within 90 days of receiving EEOC Decision.

ACTION	TIME LIMITS
Employee or applicant must contact EEO Staff. Mary Bretz (503) 808-4533 Jim Richards (503) 808-4531 LaMar Williams (503) 808-4530	Within 45 days of the date of the matter alleged to be discriminatory or within 45 days of the effective date of a personnel action. For extensions of time limits, see paragraph 2-5a(6) of EEO Discrimination Complaints Summary.
EEO specialist or manager makes inquiry, tries to resolve complaint informally, conducts final interview, and, if complaint is not resolved, gives complainant written notice of right to file formal complaint.	Within 30 days after matter first called to EEO Counselor's attention.
Complainant may agree in writing to extend the counseling period up to an additional 60 days.	Within initial 30 day counseling period.
Complainant files formal complaint (DA Form 2590-R) in writing with EEO Manager or any other designated official. Must advise EEO Manager if he or she obtains legal or other representation.	Within 15 days after receipt of the Notice of Final Interview.
EEO Manager accepts or dismisses the formal complaint in whole or in part.	Within 5 days after receipt of complaint.
EEO Manager sends file to Office of Complaints Investigations (OCI) requesting assignment of an investigator if any part of complaint is accepted. If complaint is dismissed, EEO Manager notifies complainant and representative.	Within 3 days after acceptance.
Complainant may appeal dismissal by Army to Equal Employment Opportunity Commission (EEOC), Office of Federal Operations (OFO). If complainant appeals a partial dismissal to EEOC, the investigation of the accepted portion of the complaint will be held in abeyance pending EEOC's decision on appeal.	Within 30 days of receipt of notice of dismissal.
OCI investigator completes investigation and sends investigative file to activity.	Within 120 days of receipt of complaint unless 90 day extension agreed to by complainant-representative or within timeframe specified in an order from EEOC.
Activity sends notice, investigative report file, and complaint to complainant/representative.	Within 3 workdays of receipt of OCI investigative file or 180 days from filing of complaint (whichever comes first), unless 90 day extension agreed to by complainant-representative.
Complainant may request EEOC hearing or Army decision without hearing	Within 30 days of receipt of notice.
If complainant fails to respond, EEO Manager notifies EEOCCRA for final Army decision.	36 days after dispatching notice.
If complainant asks for decision without hearing, EEO manager sends request to Equal Employment Opportunity Compliance and Complaints Review Agency (EEOCCRA).	Within 3 workdays of receipt of complainant's election.
If complainant requests hearing, EEO Manager requests administrative judge from EEOC.	Within 3 workdays of receipt of complainant's election.
Hearing held and findings and recommendations sent by EEOC to EEOCCRA.	Within 180 days of receipt by an EEOC administrative judge.
Army final decision by the Director of EEOC, including appeal rights.	Within 60 days of notification that complainant has requested an immediate decision without hearing; within 60 days of EEOCCRA's receipt of administrative judge's finding and conclusions; or within 60 days of the end of the 30 day period plus the 5 day presumptive mailing time, where the complainant has not requested either a hearing or a final decision.
Appeal to EEOC:
Complainant sends notice of appeal to EEOC with copy to EEOCCRA.	Within 30 days of receiving Army final decision.
Complainant sends statement or brief to support appeal of Army decision to EEOC with a copy of the EEO Manager and to EEOCCRA.	Within 30 days of filing Notice of Appeal.
Civil action by complainant:
Before final Army decision.	After 180 days of filing formal complaint, if no appeal to EEOC.
Instead of appeal to EEOC after Army final decision.	Within 30 days of receiving Army decision if no appeal to EEOC.
Before EEOC final decision or appeal.	After 180 days of filing appeal to EEOC, if no decision from EEOC.
After EEOC final decision on appeal.	Within 90 days of receiving EEOC Decision.

US Army Corps of Engineers ®

Portland District

Complaint Process