Formal Complaint & Investigation Process

More information can be found at https://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm

• Formal Complaint Filed

  I filed my formal complaint of discrimination with my agency's EEO office, now what?

  The agency will notify you in writing that it has received your formal complaint. This letter will include the date on which the complaint was filed.

  https://www.eeoc.gov/federal/directives/md-110_chapter_5.cfm

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• Agency reviews the complaint.  The Agency either accepts the claim for investigation or dismisses the claim on procedural grounds.

  How will I know what claims will be investigated?

  The agency will send you an acceptance letter stating the claim(s) asserted and to be investigated.

  https://www.eeoc.gov/federal/directives/md-110_chapter_5.cfm

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  What if the agency dismisses my complaint?

  If the agency dismisses your complaint, it must issue a final decision under 29 C.F.R. § 1614.110(a). The agency should clearly set forth the reasons for dismissing the complaint and include evidence in the record that supports its decision. The agency will provide appeal rights to the EEOC.

  https://www.eeoc.gov/federal/directives/md-110_chapter_5.cfm

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  • Accepted

    • Agency investigates the claim(s) and issues a report roughly 180 days after the complaint was filed.

      What is an investigation?

      An investigation of a formal complaint of discrimination is an official inquiry into claims raised in an EEO complaint. EEO investigations may include a variety of fact-finding methods such as interviews, a fact-finding conference, requests for information, interrogatories, and/or affidavits. The investigative process is non-adversarial. That means that the investigator is obligated to collect evidence regardless of your and the agency's positions with respect to the items of evidence.

      https://www.eeoc.gov/federal/directives/md-110_chapter_6.cfm

      How long does an agency have to investigate my claim?

      Agencies are required to complete an investigation within 180 days of the filing of a complaint. If the complaint has been amended or consolidated with another complaint, the investigation must be completed 180 days after the filing of the last complaint or no later than 360 days after the filing of the original complaint, whichever is earlier.

      https://www.eeoc.gov/federal/directives/md-110_chapter_5.cfm

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    • Within 30 days, you must choose to request a final agency decision or a hearing with an administrative judge.

      What happens at the end of the investigation?

      The agency must provide you with a copy of the investigative file. The agency must also notify you that, within 30 days of receipt of the investigative file, you have the right to request a hearing and a decision from an administrative judge, or you may request an immediate final decision from the agency.

      29 C.F.R. § 1614.108(f)

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      What if I request an immediate final agency decision?

      The agency will issue a decision within 60 days of receiving your request for an immediate final decision. The final decision consists of findings by the agency on the merits of each claim in the complaint and, if appropriate, the rationale for dismissing any claims in the complaint. When discrimination is found, the decision will also include appropriate remedies and relief.

      https://www.eeoc.gov/federal/directives/md-110_chapter_5.cfm

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      What if I request an administrative hearing?

      Once the appropriate EEOC field office receives your request, your case will be assigned to an EEOC Administrative Judge who will hold a hearing.

      https://www.eeoc.gov/federal/fed_employees/hearing.cfm

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      • Final Agency Decision:

        • A Final Agency Decision is issued within 60 days of the request.
          
          The decision can be appealed to Office of Federal Operations (OFO) within 30 days of receiving the final decision. If you choose to appeal, that begins the appeals process.

          What if I disagree with the agency's final decision on my complaint?

          You have the right to appeal an agency's final decision (including a final decision dismissing your complaint) to EEOC's Office of Federal Operations.

          https://www.eeoc.gov/federal/fed_employees/appeal.cfm

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      • Hearing:

        • This begins the hearing process.

  • Dismissed

    • A Final Agency Decision is issued dismissing the complaint. The decision may be appealed to the Office of Federal Operations (OFO) within 30 days. If you choose to appeal to OFO, that begins the appeals process.

      What if the agency dismisses my complaint?

      If the agency dismisses your complaint, it must issue a final decision under 29 C.F.R. § 1614.110(a). The agency should clearly set forth the reasons for dismissing the complaint and include evidence in the record that supports its decision. The agency will provide appeal rights to the EEOC.

      https://www.eeoc.gov/federal/directives/md-110_chapter_5.cfm

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