Complaints Processing
The EEO program exists to ensure a working environment free of discrimination and to provide for equal opportunity in all aspects of employment. It has three central programs to help accomplish this goal: the Affirmative Employment Program (AEP), the Special Emphasis Program (SEP), and the Complaint Processing System.
Discrimination Complaints Processing System
The Discrimination Complaints Processing System provides employees and applicants for employment with a means of redress in instances if they feel they have been discriminated against.
Employees or applicants for employment who believe they have been discrimination against because of their race, color, religion, sex (includes sexual harassment), national origin, age, physical or mental disability, or reprisal for prior EEO complaint activity or involvement in the EEO process, must contact the EEO Office within 45 calendar days of the discriminatory act or incident. An EEO counselor will be assigned to conduct an inquiry into the allegation(s) and attempt resolution. The counselor has 30 days to complete the inquiry; however, under certain circumstances, this period can be extended an additional 60 days (i.e., if the complainant elects the ADR process). The complainant has the right to choose or not choose a representative at any step of the EEO complaint process.
Alternative Dispute Resolution (ADR)
As part of the EEO Program, complainants will be offered Alternative Dispute Resolution (ADR) services in the resolution of their discrimination complaints. The ADR process is effective in maintaining good relationships between the parties and is less disruptive to the work place.
The ADR program is designed to permit impartial intervention through mediation during the informal and formal processing of EEO complaints. It provides a non-adversarial process whereby involved parties have the opportunity to resolve informal and formal complaints themselves with the assistance of a third party mediator.
If ADR is unsuccessful or if the counselor is unable to resolve the complaint within the time allotted, the complainant will be given a Notice of Final Interview and written notice to file a formal complaint. The written formal complaint must be filed within 15 calendar days of receiving the Notice of Final Interview.
Once a formal complaint is filed, the EEO officer will accept or dismiss it in whole or in part within 15 calendar days of receipt. If the complaint is dismissed, the complainant will receive a written Notice of Dismissal including appeal rights.
If the complaint is accepted, it will be transferred to the Office of Complaints Investigation (OCI) for assignment of an investigator. The investigation must be completed within 180 calendar days of receipt of the complaint, unless the complainant or his/her representative agrees to an extension.
Once the investigation is completed, the investigator will issue a Report of Investigation (ROI). The complainant (and his/her representative, if applicable) will receive a copy of the ROI with a written Post-Investigation Notice of Options. Within 30 days of receipt of this notice, the complainant may request a hearing by an Administrative Judge of the Equal Employment Opportunity Commission (EEOC) or a Final Agency Decision (FAD) on the merits of the case as it stands. If the complainant does not receive the ROI after 180 calendar days from the date OCI received the complaint, the complainant may appeal directly to EEOC.
The complainant may file a civil suit within –
- 90 calendar days after receiving an EEOC decision, or
- 90 calendar days after receiving a FAD, or
- 180 calendar days after appeal to EEOC and not receiving
a decision.
Withdrawal or settlement of complaints may occur at any time. Detailed information on filing or the processing of discrimination complaints can be obtained from the EE Office, 251-690-2510.
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