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EEO Compliant Processing Information

 

It is the policy of the Government of the United States to provide equal opportunity in employment for all persons, to prohibit discrimination in employment because of race, color, religion, sex, national origin, age or handicap and to promote the full realization of equal employment opportunity through a continuing affirmative action program.

No person shall be subject to retaliation for opposing any practice made unlawful by Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Equal Pay Act, or the Rehabilitation Act, or for participating in any stage of administrative or judicial proceedings under those statutes.

Complaint Processing:

PRE-COMPLAINT PROCESSING (29 CFR Part 1614.105):

  • Applies to all Federal employees, applicants for employment, and former employees
  • Aggrieved persons who believe they have been discriminated against on the basis(es) of race, national origin, color, sex, religion, mental or physical handicap or reprisal and under Executive Order 13087 (sexual orientation) must contact an EEO counselor prior to filing a complaint in order to try to informally resolve the matter.
  • An aggrieved person must initiate contact with an EEO Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 days of the effective date of the action.
  • EEO Counselors shall advise the aggrieved persons that they may choose Alternative Dispute Resolution (ADR) instead of traditional EEO Counseling.
  • If the pre-complaint is not resolved through ADR, the aggrieved employee may file a formal complaint within 15 days of the Notification of Right to File a Discrimination Complaint.

FORMAL COMPLAINT PROCESSING (29 CFR Parts 1614.106-110):

  • If the complaint is accepted for investigation, the complaint must be investigated within 180 days from the date of filing, unless the parties agree to an extension.
  • If the complaint is accepted and rejected in part, an EEOC Administrative Judge may hear the portion of the complaint that is rejected at the time of a requested Hearing.
  • If the complaint is rejected, the complaint may be appealed to EEOC.
  • After the accepted complaint is investigated and a copy of the Report of Investigation (ROI) has been produced, the complainant has 30 days from the receipt of the ROI, to either request a Hearing before an EEOC Administrative Judge or the complainant can request a Final Agency Decision (FAD). (Note: If there is no response from the complainant within the 30 days, the Agency will issue a Final Agency Decision).
  • The complainant may appeal the decision of either the EEOC Administrative Judge or the Final Agency Decision to the EEOC, Office of Federal Operations, Washington D.C.

Please contact your designated EEO Counselor or the Headquarters Civil Rights Office for further information.

 

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