EEO Complaint Process Overview
Who May File?
Anyone with an NIH employment relationship, an applicant for employment,
or a former employee who believes that he or she has been discriminated
against because of race, sex, sexual orientation, color, national
origin, religion, age, physical or mental disability, or reprisal
(for previous EEO activity) may file an EEO complaint.
What is the Procedure for Filing?
A precomplaint must be filed no later than
45 calendar days following
an alleged discriminatory incident, act, or event; the effective
date of an alleged discriminatory personnel action; or the date that
the aggrieved person knew, or reasonably should have known, of the
event or personnel action. Please contact the OEODM for filing instructions
at 301.496.1551 (voice) or 301.480.3122 (TTY).
What Options are Available for Precomplaint Processing?
Anyone filing a precomplaint may elect to have a traditional EEO
counselor or a referral for alternative dispute resolution (ADR).
An EEO Counselor conducts an inquiry and attempts to resolve the
precomplaint. If the complaint is not resolved, the EEO Counselor
will hold a final interview within 30 days of the date the matter
was brought to his or her attention. If it appears, however, that
resolution is possible given more time, the complainant may agree
in writing to extend counseling for an additional period of time,
not to exceed 60 days. At the end of the counseling period, the EEO
Counselor will provide the aggrieved person with a notice of the
right to file a formal complaint.
The NIH offers several forms of ADR through the NIH Center for
Cooperative Resolution. There are several ADR mechanisms available, but
the method most widely used is mediation. If an aggrieved person elects
a referral for ADR, the ADR resource will discuss the available options.
What are the procedures in filing a Formal Complaint?
- Filing a Formal Complaint
A complainant may file a formal complaint within
15 days of the notice of right to file a formal complaint.
Alternative Dispute Resolution may also be used in the formal complaint
process. Complainants interested in participating in ADR should
contact the OEODM for a referral.
Acceptance/Dismissal: Within 15 days of the receipt of the
formal complaint, the OEODM will acknowledge receipt and issue the
EEO Counselor's Report. If the complaint is accepted for investigation,
the complainant will be notified of the investigator assignment.
If the complaint is dismissed, the complainant will be provided with
instructions for appealing the dismissal. ADR may also be used in
the formal complaint process.
Investigation: A thorough investigation will be conducted,
encompassing all the information relevant to the accepted allegations
and may, when appropriate, include comparative data on other individuals
who were similarly situated. The investigation may be conducted with
verbatim statements, interrogatories, position papers, or by other
forms of fact finding. During the investigation, the complainant
will have an opportunity to present all the facts that he/she believes
show unlawful discrimination. The agency has 180 calendar days from
the date the complainant filed his/her complaint to notify the complainant
of the completion of the investigation. After the investigation is
completed, a Report of Investigation (ROI) and a summary of the ROI
will be sent to the complainant. The complainant will have 30 days
from the date of his/her receipt of the ROI to exercise the right
either (1) to request a hearing before an EEOC Administrative Judge,
with a subsequent decision by the agency or (2) to request such a
decision without a hearing. This notice is called the "notice of
further right to an election."
Sometimes, extension of the 180 days may be necessary to complete the
investigation if amendments are accepted. The complainant has 30
days from receipt of the ROI to select one of the courses of action described
in the "election" notice. If the complaint involves a
matter appealable to the Merit Systems Protection Board (MSPB), the agency
will issue the complainant a decision on the merits of the complaint,
without a hearing.
The EEOC may decide to conduct a hearing or, if few facts are in
dispute, may issue findings and recommendations without a hearing.
If a hearing is held, it is conducted by an Administrative Judge (an EEOC attorney
who hears sworn testimony from witnesses for both sides). Both the complainant
and management have the opportunity to cross-examine witnesses.
The EEOC has 180 days from the date of the hearing request to hold
the hearing and issue its decision to the complainant and the Agency.
The Agency has 40 days to issue a final order that will either implement
the Administrative Judge's (AJ's) decision or appeal to the EEOC.
The AJ's decision becomes the Agency final action if the Agency does
not issue a final order within 40 days. The complainant must appeal
within 30 days of receipt of either an agency dismissal or final
action.
Current statutory regulations do not allow for a hearing before the
EEOC on complaints based on sexual orientation and mixed case complaints.
Please call OEODM at 301.496.1551 for more information.
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Requesting a Final Decision
The Agency must issue a final decision within 60 days of a complainant's
request for a decision. The final decision consists of findings by
the Agency on the merits of each issue in the complaint and appeal
rights to EEOC or the Merit Systems Protection Board. The final decision
must also contain a notice of the right to file a civil action in
Federal District Court.
Complaints based on sexual orientation receive a final decision from the Director,
OEODM. This decision can be appealed to the Director, EEO, HHS.
- Filing an Appeal or Civil Action
A complainant may appeal the agency's final decision to the EEOC within
30 calendar days of receipt of the final agency decision or final order.
In lieu of an appeal with the EEOC, a complainant may, within 90 calendar
days of the date of receipt of the final decision or final order, file
a civil action in an appropriate United States District Court. Also,
a complainant may file a civil action 180 calendar days after he/she
filed the individual complaint if a final decision has not been issued
and he/she has not appealed to the EEOC.
Special Cases : Cases regarding age, sexual orientation,
mixed cases (appealable to the MSPB), and class complaints are handled
somewhat differently. Please contact the OEODM for more information.
For further information about the EEO complaint process, please contact
the OEODM at 301.496.1551 (voice) or 301.480.3122 (TTY), or see our
list of Frequently Asked Questions.
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