Filing
an EEO Complaint
EEO Counseling
and ADR
Frequently Asked Questions
Regulations and Guidance
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Procedures/Instructions
For Filing an AN EEO Complaint
Before you file a formal complaint, you must start with the process
by filing a precomplaint. In filing a precomplaint, you may either
logon to the Online Tracking System or complete the required information
for submission to DCMR via fax. For walk-in or onsite appointments,
you may call 301-496-1551/301-480-3122 (TTY) or visit the DCMR office
at 6011 Executive Blvd., Suite 216, Bethesda, MD 20892 during regular
business hours. To officially file an EEO precomplaint, please
find the Precomplaint Filing Procedures
and Forms for
more instructions.
I. Procedures in the Precomplaint Process
Applicability
Any current employee, former employee, applicant for employment with
NIH, or anyone with an employment relationship is eligible to file
a precomplaint. *
Basis
If you believe that you have been discriminated against because of
race, sex (including sexual harassment and Equal Pay Act), sexual orientation,
color, national origin, religion, age (40 and over), disability, or
retaliation (for previous EEO activity), you may file a precomplaint
with the OEODM based on the time limit listed below.
Time limit
A pre-complaint must be filed within 45 calendar days of
the alleged discriminatory incident that gave rise to the complaint;
or, if it is a personnel action, within 45 days of its effective
date or the date that you knew, or reasonably should have
known, of the event or personnel action.
If you just need advice or help
You may contact OEODM for early resolution assistance in addressing
your concerns and questions. By working with the management official
involved, the OEODM staff may attempt to address your concerns or resolve
your disputes at the lowest possible level. The intent is to encourage
open communication by working together to help foster innovative and
creative ideas in resolving workplace conflicts and disputes without
using the EEO complaint process. The OEODM staff, during the early
resolution stage, will identify and recommend early intervention techniques,
including the use of ADR, which is designed to resolve disputes expeditiously.
However, if you believe that your problem does not involve a basis
covered by the EEO laws and regulations, you should contact the Office
of Ombudsman/NIH Center for Cooperative Resolution (CCR) for assistance.
Steps to officially start the EEO Precomplaint Process
To officially file an EEO precomplaint, please find the Precomplaint
Filing Procedures and Forms for more instructions.
- In filing a precomplaint, you may either logon to
the Online Tracking System or complete the required information for
submission to DCMR via fax.
- For walk-in or onsite appointments, please call 301-496-1551/301-480-3122
(TTY) or visit the DCMR office at 6011 Executive Blvd., Suite 216,
Bethesda, MD 20892 during regular business hours.
- If you have questions regarding the intake form, please
call the DCMR, OEODM staff. Once the DCMR, OEODM receives your
request for counseling, your complaint will be processed in accordance
with the following procedures.
Election of Counseling/ADR
At the initial filing of your complaint, you will be given an opportunity
to exercise an election option in deciding whether to seek precomplaint
resolution through the ADR process or through the traditional counseling
process. The differences between the two processes are as follows:
- Counseling: If you elect to have an EEO counselor
assigned to your precomplaint, an EEO counselor will be assigned
to handle your case and to attempt to resolve the matters. If the
complaint is not resolved, the EEO Counselor will conduct 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, you 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 you with a
Notice of the Right to File a Formal Complaint.
- Alternate Dispute Resolution (ADR): If you elect
to use the ADR and the agency agrees to offer ADR in your particular
situation, your case will be assigned to an ADR provider. The NIH
offers several forms of ADR through the NIH
Center for Cooperative Resolution (CCR) . There are several
ADR mechanisms available, but the method most widely used is mediation.
If you elect the ADR process, your complaint will be assigned to
a trained neutral from either the CCR or another authorized ADR
resources. If the ADR process results in a settlement agreement,
the CCR will work with the parties (as required by NIH policies)
in order to finalize the agreement. If the ADR process does not
result in the resolution of the precomplaint, y ou will be issued
the Notice of Right to File a Formal Complaint no later than 90
days from the date of initial contact with the OEODM.
EEO Commission encourages the use of the ADR process because it provides
a means of improving the efficiency of the federal EEO complaint process
by attempting early informal resolution of EEO disputes.
II. Procedures in the Formal Process
- Once the precomplaint process is terminated, you have
15 calendar days from the date of receipt of the Notice of Right
to File a Formal Complaint to submit your formal complaint in writing
to the OEODM.
- 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 your complaint is accepted
for investigation, you will be notified of the investigator assignment.
If the complaint is dismissed, you will be provided with instructions
for appealing the dismissal. ADR may also be used in the formal complaint
process. If you are interested in participating in ADR, you should
contact the OEODM.
- 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, you will have an
opportunity to present all the facts that you believe show unlawful
discrimination. The agency has 180 calendar days from the date you
filed your complaint to notify you 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 you. You will have 30 days
from the date of your receipt of the ROI to exercise your right by
electing 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. Sometimes, extension of the 180
days may be necessary to complete the investigation if amendments
are accepted. You have 30 days from receipt of the ROI to select
one of the courses of action described in the "election" notice. If
your complaint involves a matter appealable to the Merit Systems Protection
Board (MSPB), the agency will issue you a decision on the merits of
your case, without a hearing.
- Final Agency Decision
or Final Order: The agency
will issue a final decision on your complaint within 60 calendar
days from the date of your receipt of the EEOC Administrative Judge's
decision, or within 60 days after receipt of your notice of election
for a final decision on the merits.
- Appeal: You may appeal the agency's final decision
to the EEOC within 30 calendar days of your receipt of the final
agency decision or final order.
- Civil Action: In lieu of an appeal with the EEOC,
you may, within 90 calendar days of the date of your receipt of the
final decision or final order, file a civil action in an appropriate
United States District Court. Also, you may file a civil action 180
calendar days after you filed your individual complaint if a final
decision has not been issued and you have not appealed to the EEOC.
- Special Cases: Cases regarding age, mixed
cases (appealable to the MSPB), and class complaints are handled
somewhat differently. See EEOC Management Directive 110, Chapter 5. For sexual orientation and complaints filed by Commissioned Corps Officers and contractors see Special Procedures for Related Process.
*If You Are A Contractor Working For NIH And Have Experienced
Discrimination
The Federal EEO process generally does not apply to contractors. If
you are a contractor, you should contact your company for procedures
on filing an EEO complaint against your company. However, in
some situations, if you believe you have been discriminated against
by NIH management, you may contact the OEODM for procedural guidance. The
OEODM staff will provide you with helpful information to address your
issues/concerns. You may also contact Montgomery County's Maryland
Office of Human Rights for advice. Their contact information is as
follows:
Montgomery County, Maryland
Office of Human Rights
110 North Washington Street, Suite 200
Rockville, Maryland 20850
Complaints Hotline: 240.777.8450
TTY: 240.777.8480
FAX: 240.777.8460
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