As a government employee, do you know how to file a complaint with the EEOC if you’ve been discriminated against? It’s important to know your rights as a government employee and how to expose the injustice of discrimination using methods designed by our government, to protect everyone. Here are the steps on how to file a complaint with the EEOC:
Step 1: Contact an EEO Counselor
If you have been a victim of discrimination, the first step is to contact an EEO Counselor where you work or applied for the job. You have 45 days from the day of the discrimination occurrence or personnel action (eg: demotion or firing) to contact an EEO Counselor. Agencies are required to post information on contacting the EEO Office in a central location where employees have access to it.
Step 2: EEO Counseling Process
After contacting the agency’s EEO Office, an EEO Counselor will contact you to discuss your rights and responsibilities and conduct an interview about your discrimination incident. You will be given a choice to participate in EEO counseling or an Alternative Dispute Resolution (ADR) program for mediation. In any case, the EEO Counselor should be able to give you advice on your particular situation to move forward.
Step 3: Final Interview with Counselor
Before you can file a formal complaint, you must complete a final interview with your EEO Counselor. If your counselor does not conduct the final interview within the allotted timeframe, you can file a formal complaint without the final interview. If that’s the case, be sure to include a short letter telling the EEO Office your counseling period has ended and you did not receive contact from your counselor for the final interview. If you have more than one complaint, you should submit them together for efficiency and potentially a quicker turn-around.
Step 4: File Formal Complaint
To file a discrimination complaint, do so within 15 days from the day you receive notice from your EEO Counselor about how to file a complaint. Keep in mind, you must file your complaint at the EEO Office where you received counseling services. Also, the agency is required and MUST give you reasonable time during work hours to prepare the complaint. Be sure to include your contact information, a short description of the event(s) and why you believe you were discriminated against and any injuries that incurred. Complete your document by signing it or having your attorney sign it. You will receive a confirmation letter from the agency when your complaint has been received.
Step 5: The Investigation
Once complaint is received, the agency has 180 days to complete an investigation. At the end of the investigation, the agency will give you two choices: request a hearing before the EEOC or ask the agency to issue a decision on whether discrimination took place.
Step 6: Settlement
A settlement can be offered by the agency at any time during the complaint process. However, your are not required to accept a settlement offer that you feel does not address or correct the complaint. On the other side, if you and the agency agree to settle your complaint, it will be dismissed and not further action will be taken. You and the agency are required to abide by any terms set forth in the settlement.
It’s not required you be represented by a lawyer during the complaint process, but you have the right to have a lawyer if you want one or you can also ask someone who is not a lawyer to represent you as well. Unfortunately, the EEOC will not represent you during the complaint process, and we will not appoint a lawyer to represent you. If you have questions about agency EEO complaints or on how to file a complaint with the EEOC, contact PREEMPT CORP, a leader in EEO.
