EEO Complaint Process

The DODEA EEO Office administers the formal EEO Complaint Process which may be used by DODEA employees and applicants for employment to raise issues of discrimination based on the following:

   Race    Color    Sex    Religion
   National Origin    Age (40 and over)    Disability

Related retaliation may also be raised in the EEO Complaint Process.

The federal Equal Employment Opportunity (EEO) process is governed by the regulations, management directives, guidance, and case law of the Equal Employment Opportunity Commission (EEOC), as well as applicable federal court cases.

• Time Limit: Process Must Begin Within 45 Calendar Days of Discriminatory Act
• Employees and applicants contact the EEO Office at 4040 North Fairfax Drive, 4th Floor, Arlington, Virginia for complaint counseling. EEO counselors assigned to process informal complaints are appointed by the EEO Chief. They are not advocates for management or the complainant, but serve as an impartial third party.
• Counselors seek resolution through mediation or informal settlements and fact-finding inquiries into discrimination allegations. Inquiries include talking with individual(s) alleged to have discriminated and witnesses with possible knowledge of the complaint issue(s).
• Attempts to resolve disputes will be made by an EEO Counselor or by a Mediator. EEO Counseling usually takes from 30 to 90 days.
• At the final interview, counselors provide a factual summary and proper procedure for filing a formal complaint.
• The EEO Office does not make discrimination findings or decide whether or not complaints have merit.

• Formal complaints of discrimination may only be filed after a complainant completes EEO Counseling.
• Within 15 calendar days of the final interview, a formal written complaint that specifically details the claim(s) the complainant raised in EEO Counseling and that the complainant wishes to pursue. The formal written complaint must be signed by the complainant or the complainant's attorney.

• 1. The informal process, also called EEO Counseling, provides an opportunity to define the complainant's concerns, obtain information necessary to address the issues, and attempt to resolve the issues informally. This process is administered by Regional EEO Officers. You must complete EEO counseling before filing a formal complaint.
  EEO Intake Form
• 2. The formal EEO complaint process is a legal procedure for the consideration of claims of employment discrimination based on race, color, sex, national origin, religion, age, and disability. Claims of retaliation for opposing these types of discrimination or for participating in the EEO complaint process can also be raised. If a complaint meets procedural requirements established by regulation, an investigation is conducted. In most cases, complainants may also elect to have a hearing before an EEOC Administrative Judge. The formal complaint process ends when the Department issues a Final Agency Decision (FAD) on the complaint.
  Formal Complaint Form
• 3. The appeal process allows complainants to appeal FADs to the Equal Employment Opportunity Commission (EEOC). Merit decisions in mixed case complaints -- complaints on issues that are appealable to the Merit Systems Protection Board (MSPB) -- are first appealed to the MSPB.
  EEOC Notice of Appeal/Petition

EEO Alternative dispute resolution (ADR) is also available throughout both the informal and formal complaint processes, if the complaint is determined to be suitable for ADR.

The informal counseling process is administered by the Regional EEO Officers. The DODEA EEO Office administers the formal complaint process for all regions.

Four federal civil rights laws are enforced through the EEO complaint process:

• Title VII of the Civil Rights Act of 1964, as amended
• the Equal Pay Act of 1963
• the Rehabilitation Act of 1973, as amended; and
• the Age Discrimination in Employment Act of 1967, as amended

Complaint Processing

• EEO Complaint Process: pdf
• Complaint Investigations: pdf | web
• Mixed Case Complaints: pdf | web