As a federal employee, it is important to understand your rights when it comes to EEO violations and the process for bringing an EEO complaint.
If you are facing workplace discrimination, harassment, or retaliation, you have a right to file an EEO complaint. The EEO complaint process typically involves three steps:
The first step in the EEO complaint process is known as “EEO counseling” (also sometimes referred to as the “informal complaint”). Here’s a guide to help you navigate this process.
Step-by-Step Guide to Initiating EEO Counseling
1. Identifying the Issue
First, recognize and document the discriminatory act or behavior. Federal law prohibits discrimination or harassment based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, and genetic information. Federal law also protects you from retaliation if you assert your EEO rights or support a co-worker’s claim. Therefore, if you experience or witness an EEO violation, document the details to create a clear record of what happened.
2. Making Timely Contact
Next, contact your agency’s EEO office within 45 calendar days of the discriminatory act, or within 45 days of the most recent occurrence if the issue recurs. Meeting this deadline is critical because missing it can jeopardize your ability to pursue the complaint further.
3. Requesting Counseling
When you reach out to the EEO office, clearly state that you are requesting “EEO counseling.” Because many agencies use multiple processes for handling discrimination complaints, making this request ensures the agency processes your complaint correctly. Typically, you can submit this request in writing, by email, or through the agency’s EEO portal.
4. Participating in the Initial Interview
After your request, the agency assigns you an EEO Counselor. The Counselor then schedules an initial interview to discuss your concerns. During this meeting, you provide detailed information about the discrimination or retaliation, including dates, times, individuals involved, and any supporting evidence you can present.
5. Understanding the Counselor’s Role
At this stage, the Counselor acts as a neutral party who facilitates communication between you and the agency. Although the Counselor does not serve as your advocate, they help clarify the issues and explore possible avenues for resolution.
6. Attempting Resolution
During the 30-day counseling period, the Counselor works to resolve the issue informally. If both you and the agency agree, this period may extend for up to 60 additional days. The Counselor might also recommend mediation, where you and the agency meet to discuss potential resolutions. These resolutions could involve a reassignment, a transfer, updated workplace policies, or other corrective measures tailored to your situation.
7. Receiving the Counseling Report
If informal resolution fails, the Counselor prepares a written report summarizing the counseling activities. This document becomes an essential requirement for moving forward to the formal complaint stage.
8. Receiving the Notice of Right to File
Along with the report, the agency provides you with a written “Notice of Right to File a Formal Complaint.” This notice officially allows you to advance your claim to the next stage if you remain unsatisfied with the counseling process.
9. Filing the Formal Complaint Option
Finally, if you choose to proceed, you must file a formal complaint within 15 calendar days of receiving the notice. This next stage introduces a more structured process that includes an internal investigation by the agency.
Importance of Documentation and Legal Guidance
Throughout the counseling process, maintain careful records of all communications, meetings, and proposed resolutions. Consistent documentation strengthens your case and ensures you have evidence at every step. Additionally, consulting with an experienced federal employment attorney can provide valuable guidance, improve your understanding of the process, and help protect your rights effectively.
The attorneys of Bramnick Creed, LLC have a deep knowledge of federal employment law and extensive experience in representing federal employees. For more information about our federal employment practice or to contact us, go to our website at www.BramnickCreed.com or contact Attorney Joe Creed at (301) 945-7800 or JCreed@BramnickCreed.com.