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.

Click to listen to the interview

EEOC statistics reveal that during the period FY 1997 through FY 2010, the Commission  received 1,166,174 individual charge filings. Of these figures the Commission issued 751,323 decisions where a no reasonable cause of discrimination existed and only 69,101 were cause findings where discrimination existed.

“EEAD  believes if more citizens knew the EEOC process, more discrimination complaints would result in a “cause determination finding” which would act as a reminder to employers that employment discrimination is against the law”, said Treadwell.

About EEAD

To support this organization, EEAD has teamed up with former U.S. EEOC employees and other advocates who individually have more than 10 years of experience fighting employment discrimination. We have created a one of a kind highly informative e-guideline which includes a far-reaching step by step checklist, an example of a powerful request for information, and 16 ready-made letters that are all designed to educate and empower victims of discrimination to assist you from the beginning to the end in the EEOC process.  Please visit our website for more information at www.eead.org

Debra Tittle filed a formal EEO complaint alleging sex discrimination resulting in a hostile work environment after her supervisor asked her for the password to her computer, and then used her email account to send an offensive email to a female coworker. Her employer, the Department of Justice, issued a final decision dismissing Tittle’s complaint for failure to state a claim. Tittle appealed the dismissal.

The agency argued that the email allegedly sent by the supervisor was directed at another employee and not at Tittle, and she therefore did not suffer any harm as a result. Even if the email had been directed at Tittle, the agency argued, a single email is not enough to detrimentally alter a term, condition, or privilege of her employment and thus state a viable sexual harassment claim.

The OFO noted that in certain cases the actions of a supervisor can be so egregious that they can support a hostile work environment claim without any other evidence of discrimination. The OFO found that the conduct of Tittle’s supervisor in this instance was enough to support her harassment claim. Even if the contents of the email were not directed at her, the OFO found that the agency should have considered the supervisor’s conduct leading up to the improper email before dismissing the claim: The supervisor obtained Tittle’s email address under false pretenses, and then used her account to send an offensive email without her knowledge, which might have resulted in allegations of harassment being brought against Tittle herself. This action, the OFO held, dealt such a blow to the necessary trust of a subordinate in her supervisor and created enough potential for harm that Tittle could bring a harassment claim on that basis alone.

http://www.fedsmith.com/article/2658/dc-circuit-clarifies-threshold-retaliation-eeo-claims.html

Merit Resolution: Charges with outcomes favorable to charging parties and/or charges with meritorious allegations. These include negotiated settlements, withdrawals with benefits, successful conciliations, and unsuccessful conciliations.

No Reasonable Cause: This is EEOC’s determination of no reasonable cause to believe that discrimination based on the evidence obtained in the investigation. The charging party may exercise the right to bring private court action.

Reasonable Cause: EEOC’s determination of reasonable cause to believe that discrimination occurred based upon evidence obtained in the investigation. Reasonable cause determinations are generally followed by efforts to conciliate the discriminatory issues which are in the charge. Note: Some reasonable cause findings are resolved through negotiated settlements, withdrawals with benefits, and other types of resolutions, which are not characterized as either successful or unsuccessful conciliations.

SETTLEMENTS (NEGOTIATED): Charges settled with benefits to the charging party as warranted by evidence of record. In such cases, EEOC and/or FEPA is a party of the settlement agreement between the charging party and the respondent (an employer, union, or other entity covered by EEOC enforced statutes).

SUCCESSFUL CONCILATION: Charges with reasonable cause determination closed after successful conciliation. Successful conciliations result in substantial relief for the charging party and all others adversely affected by the discrimination.

UNSUCCESSFUL CONCILIATION: Charge with reasonable cause determination closed after efforts to conciliate the charge are unsuccessful. Pursuant to Commission policy, the field office will close the charge and review it for litigation consideration. Note: Because “reasonable cause” has been found, this is considered a merit resolution.

WITHDRAWAL WITH BENEFITS: Charge is withdrawn by charging party upon receipt of desired benefits. The withdrawal may take place after a settlement or after the respondent grants the appropriate benefit to the charging party.

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