Equal Employment Opportunity (EEO) Complaint Procedures

The Office of Resolution Management (ORM) is responsible for providing equal employment opportunity (EEO) complaint processing services within the Department of Veterans Affairs (VA). The complaint process includes confidential counseling, mediation, and investigation.

Who can initiate a discrimination complaint?

An employee, former employee, or applicant for employment, who believes discrimination occurred on the bases of race, color, religion, sex, national origin, age (over 40), disability, or reprisal for prior EEO activities, may initiate a discrimination complaint.

What are the stages of the discrimination complaint process?

The discrimination complaint process consists of two phases: the Informal Stage, which consists of EEO counseling and the Formal Stage, which includes investigation.

Informal Stage

You must initiate contact with an EEO counselor within 45 days of the date of the alleged act of discrimination by calling (888)737-3361.

What Will Happen During the Informal Process?

The goal of EEO counseling is to resolve disputes at the earliest possible level. The EEO counselor will advise you that you may pursue resolution through either the traditional EEO counseling process or through Alternative Dispute Resolution (ADR) (if the issue is appropriate for ADR). The counselor will encourage the use of ADR and explain the benefits of using it to resolve disputes.

What if I pursue my dispute through traditional EEO counseling?

The EEO counselor will make inquiries to facilitate resolution between the parties. Counseling must be complete within 30 calendar days of your initial contact. After completing counseling, the EEO counselor will issue you a Notice of Right to File a Discrimination Complaint.

What if I Elect ADR?

The informal stage may be extended up to 90 calendar days if you elect ADR. If resolution is not reached within that period or ADR continues beyond that period, the EEO counselor will issue a Notice of Right to File a Discrimination Complaint.

ORM strongly encourages parties to look for common ground and seek resolution at the earliest stage.

Formal Complaint Stage

If the informal stage does not result in the resolution of your dispute, you may file a formal complaint, in writing, on a form the EEO counselor provides to you, and submit it to your local ORM field office. You must submit your formal complaint within 15 calendar days of your receipt of the Notice of Right to File a Discrimination Complaint.

What happens when ORM receives my complaint?

Your complaint will be reviewed to determine if it meets the Equal Employment Opportunity Commission’s (EEOC) requirements for acceptance and further processing.

What happens when my complaint is accepted for processing?

An EEO investigator will be assigned to your complaint. The investigator will take statements under oath (from the complainant, responsible management officials and other witnesses) and gather documents and records. The investigator will prepare a report summarizing the evidence gathered. Upon completion of the investigation you will receive a copy of the investigative file and be advised of your right to request either an EEOC hearing or a Final Agency Decision.

What happens if ORM does not accept my complaint for processing?

You will be advised of your right to appeal this decision to EEOC.

Who will issue the final decision concerning my complaint?

VA’s Office of Employment Discrimination Complaint Adjudication (OEDCA) issues final agency decisions on the merits of discrimination complaints. OEDCA also takes final action on complaints that have been decided by EEOC administrative judges.

What if I need to add issues to my initial complaint?

You should contact ORM prior to the conclusion of the investigation to amend your complaint.

To initiate the complaint process or ask a question call: (888) 737-3361

For the Hearing Impaired:

(888) 626-9008 TDD

Or visit ORM’s Website: http://www.va.gov/orm.