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An employee, former employee, or applicant for employment who believes that they have been discriminated against must contact an EEO Counselor within 45 calendar days of the date the alleged discriminatory event occurred or the effective date of the alleged discriminatory personnel action.
FSA employees who wish to file an EEO complaint will file their complaints directly with a FSA EEO Counselor.
A listing of FSA EEO Counselors can be found: - on FSA's Counseling Poster which must be displayed in all FSA Offices;
- in Handbook 19-PM, Exhibit 11; or
- by contacting the EEO Counseling and Mediation Branch (CMB) at (202) 720-8826.
Note: In conflict of interest cases, FSA entered into Memorandums of Understanding with GIPSA, FAS, and FNS, to provide EEO Counseling Services. FSA employees who file EEO complaints against FSA and who want to seek EEO Counseling Services outside FSA, should contact Darlene Smith, Counselor, at (202) 401 - 7177.
Applicants for employment will file their complaints with the EEO Counselor for the agency where the alleged discrimination occurred.
The EEO Counselor's role is to: - facilitate resolution at the lowest possible level; and
- prepare a counselor's report if resolution is not achieved.
A Basis is the reason a person feels they were discriminated against. A person may allege discrimination based on 1 or more of the bases identified below:
- Reprisal for prior EEO Activity
* These basis are not covered by EEOC laws and regulations.
A claim is the action or inaction the Responding Management Official has taken that caused the employee/applicant to believe they have been discriminated against.
Yes. A complaint can be withdrawn at any time during the informal or formal EEO complaint process.
ADR means "Alternative Dispute Resolution".
ERP means "Early Resolution Program". ERP is FSA's ADR program in the informal EEO complaint process. The method of ADR used in ERP is mediation.
- EEO policies and procedures apply to employment.
- Civil Rights policies and procedures apply to program delivery.
No. When an employee is covered by a collective bargaining agreement that permits claims of discrimination to be raised in a negotiated grievance procedure, the employee must elect to file a formal EEO complaint or a grievance. The underlying principle is that an employee who has a choice of forums in which to proceed cannot go forward in more than one forum. This is true "irrespective of whether the agency has informed the individual of the need to elect or of whether the grievance has raised an issue of discrimination".
If an employee first files a grievance and thereafter files a formal complaint of discrimination on the same claim, the complaint must be dismissed without prejudice to the complainant's right to proceed through the negotiated grievance procedure, including the right to appeal to the EEOC from a final decision.
If you have additional questions, please see the following document containing frequently asked questions (FAQ) about the Informal EEO Complaint Process:
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