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The Division Director for Compliance, FDA, Office of Equal Employment Opportunity and Diversity Management (OEEODM), is responsible for ensuring pre-complaint processing is conducted in accordance with the guidelines established in 29 Code of Federal Regulations (CFR) 1614, and EEO Management Directive (MD) 110.
Title VII of the Civil Rights Act of 1964, as amended -- prohibits discrimination based on race, color, religion, sex, national origin, and prohibits reprisal or retaliation for participating in the discrimination complaint process or for opposing any employment practice that the individual reasonably and in good faith believes violates Title VII.
Age Discrimination in Employment Act of 1967, as amended (ADEA): prohibits discrimination in employment on the basis of age(forty (40) years or older), as well as retaliation against individuals exercising their rights under this statute.
Rehabilitation Act of 1973, as amended: prohibits discrimination on the basis of mental and physical disabilities, as well as retaliation for exercising rights under the Act.
Fair Labor Standards Act of 1938, as amended (Equal Pay Act of 1963- (EPA): prohibits sex-based wage discrimination. It prohibits federal agencies from paying employees of one sex lower wages than those of the opposite sex for performing substantially equal work.
Food and Drug Administration, EEO and Diversity Policy Statement, signed by the Acting Commissioner of Food and Drugs, dated April 28, 2004: prohibits discrimination based on sexual orientation. EEOC does not have jurisdiction over claims of sexual orientation discrimination.
Please visit the Equal Employment Opportunity Commission’s (EEOCs) website for additional information on federal laws/regulations at www.eeoc.gov
Any FDA employee, former employee, or applicant for employment who believe they have been discriminated against because of race, color, religion, sex (gender and sexual harassment), national origin, age, disability (physical or mental), sex based wage discrimination, sexual orientation, or in retaliation for participating in the discrimination complaint process or for opposing any employment practice that the individual reasonably and in good faith believe violates Title VII, has a right to file a discrimination complaint.
FDA employees, former employees, or applicants for employment who believe they have been discriminated against, must contact the FDA, Office of Equal Employment Opportunity and Diversity Management (OEEODM), Division of Compliance, at (301) 827-4840, prior to filing a formal complaint.
Aggrieved persons must initiate contact with the FDA, OEEODM or an EEO Counselor within 45 calendar days of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 calendar days of the effective date of the action.
The FDA, OEEODM will appoint a trained and certified EEO Counselor to conduct a limited inquiry into the allegations of discrimination. The aggrieved person is not entitled to an EEO Counselor of his/her choice. The assignment of an EEO Counselor will be determined by the Division of Compliance. Factors such as, conflicts of position/interest, location, and availability of EEO Counselors will be taken into consideration when assigning an EEO Counselor.
The EEO Counselor must complete the counseling inquiry within 30 calendar days of the date the aggrieved person contacted the FDA, OEEODM to request counseling or 30 calendar days from the date the person exhibited an intent to begin the EEO process.
In limited or extenuating circumstances, the EEO counseling inquiry may be extended up to an additional 60 calendar days (if the aggrieved person consents to the extension in writing), which will extend the period to a maximum of 90 calendar days.
The EEO Counselor must perform several tasks during pre-complaint counseling, such as (1) Advise the aggrieved person about the EEO complaint process I.A.W. 29 C.F.R. Part 1614; (2) Provide written notice of the aggrieved person’s rights and responsibilities, e.g., the election to participate in the Alternative Dispute Resolution (ADR) process; the right to representation throughout the complaint process; the right to anonymity during pre-complaint processing, only; the right to address their issues/concerns through a union grievance or with the Merit Systems Protection Board (MSPB), if applicable; (3) Determine the claims and basis(es) raised by the potential complaint; (4) Conduct an inquiry during the initial interview with the aggrieved person for the purposes of determining jurisdictional questions; (5) Seek resolution of the dispute at the lowest possible level; (6) Advise the aggrieved person of his/her right to file a formal discrimination complaints if resolution attempts fail through EEO counseling or ADR; (7) Prepare a report sufficient to document the counseling inquiry and to resolve any jurisdictional questions that arise, etc.
If the dispute is not resolved within the 30 day limited counseling inquiry, the EEO Counselor is required to hold a final interview with the aggrieved person, and issue a written “Notice of Right To File Discrimination Complaint”. The Notice will advise the aggrieved person that he/she has a right to file a formal complaint with the FDA, OEEODM; requirements of the formal complaint form; name and address of the FDA official authorized to receive formal complaints; timeframe for filing a formal complaint after receiving the Notice (15 calendar days); the duty to inform the agency of a change of address; and the duty to inform the agency immediately, if the complainant retains counsel or a representative, etc.
For pre-complaint processing for Commissioned Corps personnel, please visit http://dcp.psc.gov/phs_eeo.asp (Policy Instruction 6, Subchapter 26.1, “Equal Opportunity Discrimination Complaints Processing of the Commissioned Corps Personnel Manual).