Equal Employment Opportunity Discrimination Complaint Process
The first stage in the process is to resolve EEO related problems on an informal basis, in a short period of time, whenever possible.
Filing of a formal discrimination complaint is the second stage of the process and occurs when efforts to resolve the matter informally have failed.
In order for the process to operate effectively, it requires the full cooperation of all parties concerned. Each stage of the process is confidential and the utmost discretion must be exercised regarding the use of information obtained.
Disclosure of information related to discrimination complaints is governed by the Privacy Act, Freedom of Information Act, agency and OPM regulatory prohibitions regarding the use of certain official information for private purposes.
Region 10 EEO Contacts:
- Victoria Plata (plata.victoria@epa.gov), EEO Officer, 206-553-8580
- Don Dossett (dossett.donald@epa.gov), EEO Counselor, 206-553-8275
- Sandra Brozusky (brozusky.sandra@epa.gov) EEO Counselor, 206-553-5317
Informal Process
- Employees or applicants must contact the Office of Civil Rights within 45 calendar days of the alleged discriminatory action, or if a personnel action, within 45 calendar days of the effective date of the action.
- There is a limited inquiry into the matter to identify issues and bases, gather information for settlement efforts, and determine jurisdictional questions if a formal complaint is filed.
- If the matter is resolved informally, a written agreement is signed.
- If the problem is not resolved within 30 calendar days, a "Notice of Right to File a Discrimination Complaint" is issued, advising the complainant of his/her right to file a formal complaint within 15 calendar days of receipt of the notice, the appropriate official with whom to file a complaint, the complainant's duty to immediately inform the Agency if the complainant retains counsel or a representative.
- The formal complaint must be filed by the complainant within 15 calendar days of his or her receipt of the "Notice of Right to File a Discrimination Complaint".
Formal Process
- A formal complaint of discrimination must be in writing; must be specific with regard to the matter or matters on which the complainant received EEO counseling (the complainant cannot expand the complaint to include additional issues or allegations on which he/she did not receive counseling); must be signed by complainant or complainant's attorney; must be filed within 15 calendar days from the date he/she received the "Notice of Right to File a Discrimination Complaint". A postmark date within the requisite 15 days will be evidence of timely filing.
- A formal complaint is filed with the Headquarters, Office of Civil Rights (OCR), the Regional/Area EEO Officer, or other authorized officials.
- Receipt of the complaint is acknowledged by the OCR, Regional or Area EEO Officer.
- All formal complaints are forwarded to OCR with EEO Counselor's Reports.
- Director, OCR, makes an acceptance/rejection determination and complainant is notified. If rejected, it is a final Agency decision with appeal rights to the Equal Employment Opportunity Commission or the right to file suit in Federal court.
- OCR conducts or arranges for an investigation of issues accepted for processing.
- OCR reviews investigative report for adequacy.
- OCR transmits acceptable investigative reports to the complainant or the complainant's representative notifying complainant of right to hearing by an EEOC Administrative Judge or Final Agency decision.
- If the complainant requests a hearing within 30 calendar days OCR transmits the complaint file to the appropriate EEOC Office and requests the assignment of an Administrative Judge.
- Within 180 days of a request for a hearing received by EEOC, the Administrative Judge will authorize discovery, conduct a hearing, and issue findings of fact and conclusions of law.
In certain circumstances, an Administrative Judge can issue findings and conclusions without a hearing. If based upon a motion from either party or from the Administrative Judge. The Administrative Judge determines that there are no issues of material fact in genuine dispute.
- Within 60 days of receipt of the findings and conclusions, and a complete complaint file from the Administrative Judge;OCR will adopt, reject, or modify the findings and conclusions and issue a final agency decision.
- If the complainant does not request a hearing or requests an immediate final agency decision without a hearing, within 60 days OCR will issue a final agency decision.
- Complainant has 30 calendar days to appeal any final Agency decision (rejection, cancellation, or decision on the merits) with EEOC. A copy of the appeal will be furnished to OCR at the same time it is filed with EEOC.
- If appeal is filed, EEOC notifies OCR and requests a copy of the complaint file. OCR prepares responses to appeals and transmits the complaint file to EEOC. Decision of EEOC Office of Federal Operations is final unless either party files a timely request for reconsideration or theEEOC on its own motion reconsiders the case or the complainant files a timely civil action in a United States DistrictCourt. Only OCR may file request for reconsideration on behalf of the Agency.
- EEOC transmits appeal decision to complainant, the complainant's representative and OCR.
- If EEOC affirms the final Agency decision and no corrective action is required, OCR closes the file.
- If the final Agency decision or the appeal decision requires corrective or remedial action, OCR implements the corrective action or issues a compliance order as appropriate, keeping complaint active until corrective action or remedy is effected.
- Complainant retains right to file a civil action in the U.S. District Court within 90 days of final action by the Agency or EEOC, or 180 days after formal complaint has been filed. (EXCEPTION: Age Discrimination Complaints may be taken directly to court provided EEOC is given 30 days notice for intent to sue). A complainant who elects to file an administrative age discrimination complaint must exhaust administrative remedies before filing a civil action. Administrative remedies will be considered exhausted 180 days after formal complaint has been filed.
- OCR issues compliance orders whenever action is required by settlement agreement, final Agency decisions, appeal decision or civil actions and holds complaint files open until the Agency has complied.