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:
After the first step, EEO counseling, the next step is the formal complaint. Here’s a guide to help you navigate this process.
Step-by-Step Guide to Filing a Formal EEO Complaint
1. Receiving the Notice of Right to File
After the EEO counseling period ends, and if the issue remains unresolved, you receive a “Notice of Right to File a Formal Complaint.” This notice triggers the formal complaint process and sets the timeline in motion.
2. Filing the Formal Complaint
Next, you must file your formal complaint within 15 calendar days of receiving the notice. Submit your complaint in writing, identify the discriminatory actions, state the basis of discrimination (such as race, color, religion, sex, national origin, age, disability, genetic information, or retaliation), and specify the relief you seek. Agencies generally provide a form through their EEO office, and you should use that form to complete the filing.
3. Submitting Details and Documentation
Then, send your complaint to your agency’s EEO office—most often by email. Include all required information and attach supporting documents. Always keep copies of your submission for your personal records.
4. Receiving Acknowledgment of Receipt
Soon after, the agency sends you written acknowledgment of your formal complaint. This acknowledgment confirms the exact date the agency received your filing.
5. Acceptance or Dismissal of the Complaint
At this stage, the EEO office reviews your complaint to determine if it meets legal requirements. The office may dismiss your complaint, or parts of it, for reasons such as untimeliness or lack of jurisdiction. If dismissal occurs, the agency provides a written explanation, and you retain the right to challenge it later. If the office accepts your complaint, the agency issues a written notice summarizing your claims.
6. The Investigation
Once the office accepts your complaint, the agency has 180 calendar days to complete its investigation. Both parties may agree to extend this period by an additional 90 days. During this stage, the agency assigns an investigator, either an employee or a contractor, to gather facts. The investigator collects evidence through interviews, documents, and written questionnaires. Typically, investigators also request written statements from you and other witnesses.
7. Preparing the Report of Investigation (ROI)
After completing the investigation, the investigator prepares a Report of Investigation (ROI). This report compiles the evidence, interview summaries, and relevant documents. The ROI serves as a key document for the next stages of the EEO process.
8. Exploring Post-Investigation Options
Finally, once you receive the ROI, you face four choices: withdraw your complaint, request a Final Agency Decision (FAD), request an EEOC hearing, or file a federal court lawsuit. In most cases, employees either request an EEOC hearing or file a civil lawsuit, since those paths provide fuller opportunities for resolution. If you request an EEOC hearing, you must file within 30 days after receiving the ROI.
Importance of the Formal Complaint and Legal Guidance
The formal complaint plays a critical role in the federal EEO complaint process. You must file it on time, include detailed claims, and provide supporting information during the investigation. Moreover, consulting with an experienced federal employment attorney can help you navigate the process, strengthen your case, and protect your rights at every stage.
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.