EEOC Timeframe Overview
Timeline in the Private Sector EEOC Complaint Process (Employed by local, state, municipal or private company)
Formal Complaint Stage
1. Formal complaints of discrimination are filed with the United States Equal Opportunity Commission in your jurisdiction. If you are filing a class action (2 or more) complaint you may file with the Office of Federal Contract and Compliance if the company you work for holds federal contracts.
2. Upon arrival to the office you will complete an intake questionnaire
3. An Intake officer will draft your complaint before you leave the office. We recommend you draft your own statement of discrimination before you visit the EEOC office
4. The intake officer will draft a complaint and serve the employer of the charge within 10 days of your discrimination charge
5. If the complaint is accepted, an investigator will be assigned to investigate the complaint.
6. Thirty days after the charge is filed contact your investigator and request of copy of the employers “Statement of Position”.
7. After you have analyzed the Statement of Position draft a Request for Information and ask your assigned investigator to serve it on the employer. See our E-guide for an example of a helpful Request for Information.
8. Respond to all inquiries by your assigned investigator in a timely manner.
9. If the Commission finds in your favor the Commission will attempt to conduct conciliation on your behalf
10. If the Commission does not find in your favor you are entitled to a Predetermination Interview as required by policy. This will give you an opportunity to provide additional evidence.
Judicial Stage
- Within 90 calendar days of receipt of a notice of right to sue, you must file a civil action in an appropriate U.S. District Court to preserve your rights.
Timeline in the Federal Sector EEO Complaint Process (Employed by the Federal Government)
Pre-Complaint Stage
1. To initiate EEO Counseling, an individual must contact the Agency’s EEO counselor. This must occur within 45 calendar days from the date of the alleged discriminatory action or effective date of a personnel action.
2. EEO counseling must be completed within 30 Days or within 90 Days if parties agree to participate in the Alternate Dispute Resolution (ADR) mediation program. This is highly suggested and be sure to involve a Union Official even if you have an attorney present. To extend the counseling period-aggrieved person must agree. At the end of counseling, or if ADR is unsuccessful, an aggrievant is issued a Notice of Right to File a Discrimination Complaint.
3. The aggrievant must file a formal complaint within 15 Days after receipt of Notice of Right to File a Discrimination Complaint notice from the EEO Counselor.
Formal Complaint Stage (Continuing)
4. Formal complaints of discrimination are filed with the Agency if informal resolution is unsuccessful.
5. Upon receipt by the Agency’s EEO Office, the complaint will be processed for acceptance or dismissal.
6. If your complaint is accepted, a contract investigator will be assigned to investigate the complaint within 180 days of the date the formal complaint was filed unless an extension is granted. Most contract company’s attempt to complete investigation in 45 days. Bring a representative with you.
7. You may request an ADR meeting at any time for assistance during the EEO Process prior to the issuance of a Final Agency Decision. (Check with your EEO counselor)
8. Upon receipt of the contract investigators report of investigation (ROI) analyze it carefully. If you believe the ROI is insufficient request for additional information. If you agree with the completeness of the ROI, you have 30 Days to request a Hearing before an Administrative Judge, Equal Employment Opportunity Commission (EEOC) or a final agency decision.
9. If an EEOC Hearing is requested, you have 40 Days after the EEOC Administrative Judge decision is issued to provide you with the Final Order.
Appeal Stage (Continuing)
10. If you disagree with the administrative judges discussion to grant the agency a motion for summary judgment you may file an appeal for a request for a Final Agency Decision (FAD).
11. Complainant or the Agency has the right to request reconsideration within 30 Days of receipt of a decision of the EEOC, Office of Federal Operations
Judicial Stage
- Within 90 calendar days of receipt of a notice of right to sue, you must file a civil action in an appropriate U.S. District Court to preserve your rights.
