Internal Enforcement
Internal Enforcement Complaints
The Internal Enforcement Complaint Process is available to Department of Labor (DOL) employees or applicants who believe they have been discriminated against by DOL on the basis of race, color, religion, national origin, sex (including sexual harassment), age (40 and up), disability (physical or mental), retaliation for prior EEO protected activity, parental status, sexual orientation, and/or genetic information.
Precomplaint Process - Filing |
Complainant (a DOL employee or job applicant) must contact an EEO Counselor within 45 calendar days of an alleged discriminatory action, or in the case of a personnel action, within 45 calendar days of the effective date of action. Names of EEO Counselors appear on posters in DOL buildings, on DOL's LaborNet and RegionNet websites, or you may contact the Civil Rights Center (CRC) or a Civil Rights Officer located in the regions. |
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Counseling |
An EEO Counselor will begin fact-finding and attempt to resolve the matter informally within 30 calendar days from the date of the initial contact with Complainant. Counseling may be extended upon agreement of both the CRC and Complainant up to 60 additional days if more time is needed to achieve a resolution.
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Formal Complaint Process - Filing |
If a resolution is not achieved during EEO counseling, Complainant may file a written formal complaint with the Director, CRC, or with the Secretary of Labor, within 15 calendar days of receiving the "Notice of Right to File a Discrimination Complaint." |
Acceptance/Dismissal |
If the complaint is accepted by the CRC, an investigator will be assigned to collect relevant information pertaining to the complaint. |
Investigation |
The CRC is required to complete an investigation within 180 calendar days of receipt of the formal complaint, with a possible extension for 90 additional calendar days, upon mutual agreement by the CRC and Complainant. *Mediation/Alternative Dispute Resolution may be requested at any time during the formal complaint process. |
EEOC Hearing |
Complainant may request a hearing by an EEOC Administrative Judge (AJ) within 30 calendar days of receipt of the Investigative Report. The AJ may conduct a hearing and submit his/her decision within 180 calendar days of the request. If DOL does not appeal the AJ's decision, or issue a final agency action, the AJ's decision becomes the final decision of the Department 40 calendar days after it is received. |
DOL's Final Decision |
If Complainant requests a final agency decision, the Director, CRC, will issue a decision based on information in the investigative file within 60 calendar days. The Director will also issue a decision where neither a final decision nor a hearing has been requested. |
Appeals |
If Complainant is dissatisfied with the final agency action issued by DOL, s/he may appeal to the EEOC's Office of Federal Operations (OFO) within 30 calendar days of receipt of the final agency action. |
Right To File Civil Action |
If Complainant does not file an appeal with the OFO, s/he may file a civil action in an appropriate United States District Court within 90 calendar days of receipt of the final agency action. |
EEO vs Union Process |
Any employee within the American Federation of Government Employees (AFGE), Local 12, or the National Union of Labor Investigators, Independent (NULI) bargaining units may file allegations of discrimination under the negotiated grievance procedures of their respective union. Employees within Local 12 or NULI must choose whether the allegations of discrimination will be processed under the negotiated grievance procedure or under the EEO complaint procedure. Election will be determined by whichever event comes first, the date of the grievance or the date of the formal complaint. Employees within the National Council of Field Labor Locals who file formal EEO complaints on the same issues as those raised in a grievance will effectively terminate the grievance. In the event that the DOL dismisses that EEO complaint for reasons other than on merit, the NCFLL employee has 30 calendar days from receipt of the dismissal to resurrect the grievance. |
Class Complaints |
In the national office, class complaints are initiated by contacting the National Coordinator of Counselors in the CRC, who will assign the complaint to the appropriate agency EEO Manager for counseling. |
Information |
Additional information pertaining to the EEO complaint process may be obtained from DOL's LaborNet and RegionNet websites; or by contacting the Civil Rights Center (FPB, Room N4123, 202/693-6500 or TTY: 202/693-6515 or 6516). |
Disclaimer: The U.S. Department of Labor, Civil Rights Center, Office of Internal Enforcement has jurisdiction (authority) to process complaints of discrimination filed by employees of the U.S. Department of Labor or applicants for employment with the U.S. Department of Labor only. Information contained herein only pertains to employees/applicants with the U.S. Department of Labor.