How to File a Discrimination Complaint Against a Federal Employer
According to the Federal Equal Employment Opportunity Commission (EEOC) website, employees and applicants of federal agencies are protected from employment discrimination. Types of discrimination covered by EEOC regulations include unfair treatment or harassment because of race, color, religion, sex, age, national origin, disability or genetic origin. Additionally, EEOC regulations prohibit acts of retaliation to employees or job applicants because of their complaint of discrimination or participation in an investigation of discrimination. (See Reference 1.)
For employees or job applicants that feel they have been subjected to discrimination by a federal agency, the EEOC has provided an overview of the complaint process at their website (see reference 2).
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Instructions
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1
Contact an EEOC counselor at the federal agency where you work or applied for employment. (See Reference 3.) The EEOC advises that a counselor be contacted within 45 days of the incident.
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2
Participate in EEOC counseling or an alternative dispute resolution (ADR) program to determine if the type of discrimination you wish to file a complaint against for falls within regulations covered by the EEOC. If your complaint does not fall within these guidelines, the counselor will attempt to help you resolve the complaint informally.
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3
File a formal discrimination complaint. If your dispute is not settled during the counseling or ADR process, your counselor will notify you of the procedures for filing a formal complaint. The complaint must be filed within 15 days of the notification process.
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Reach a settlement with the federal agency or request a hearing. After your complaint has been formally filed, the agency has 180 days to investigate your complaint. During the investigation, the agency may offer to settle the complaint without a formal hearing. If you refuse to take the settlement or one is not offered, you have the right to request a hearing before an EEOC judge after the agency completes its investigation.
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Accept the judge's decision or file an appeal. After the hearing, the EEOC judge will issue a decision with an order to the federal agency if he or she finds discrimination has occurred. If you agree with the judge's decision and order, you simply have to wait for the agency to take action. If you disagree with the judge's decision, you may file an appeal within 30 days of receiving the decision. In either situation, EEOC regulations protect you against retaliation from the agency because of the formal complaint. (See Reference 1.)
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Tips & Warnings
It is possible to file a lawsuit against the federal agency during the investigation process. However, doing so will result in the EEOC closing your case, and the investigation will be terminated.
If you choose not to have an attorney represent you during the hearing process, be sure to familiarize yourself with the EEOC regulations prior to the hearing date.
