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.

1. In filing a precomplaint, you may either logon to the Online Tracking System or complete the required information for submission to DCMR via fax.  
2. 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.  
3. 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:

1. 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.
2. 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

1. 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.
2. 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.
3. 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.
4. 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. 
5. 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.
6. 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.
7. 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