Equal Employment Opportunity (EEO) Complaints
Equal Employment Opportunity (EEO) safeguards are a mainstay of federal job protection. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. This applies to most employers, including the federal government. It is critical that federal employees recognize and oppose discriminatory behavior, which requires that you understand what discriminatory conduct includes and how to file a complaint.
If you believe you have been subjected to discriminatory behavior, it is beneficial to consult with an experienced attorney on your specific circumstances as every complaint is unique. I can advise on all stages of the EEO process - from counseling, to formal complaint, to investigation, to hearing, and beyond. Contact me directly for a free, initial consultation on your EEO matter. You can also learn more about EEO complaints in the question-and-answer section below and by visiting the Tyler Employment Law blog.
Questions & Answers with Emily
How does Title VII protect federal employees?
Under Title VII, federal employees are protected from discrimination based on race, color, religion, sex (including pregnancy, childbirth, and related medical conditions; sexual orientation; and transgender status), national origin, age (40 or older), disability, or genetic information. You are also protected from retaliation if you oppose discrimination, file a discrimination complaint, or participate in the EEO process (even if it is not your own complaint).
What types of actions can be challenged as discriminatory?
Discrimination simply means that someone is treated differently for some reason. Discrimination prohibited by Title VII occurs when an individual is treated differently based on their race, color, religion, sex, national origin, age, disability, or genetic information. This applies to all aspects of employment. Discrimination could present itself as harassment (including unwelcome verbal or physical conduct), a disciplinary or adverse action, failure to hire or promote, unequal pay or compensation, failure to provide a reasonable or religious accommodation, improperly requesting or disclosing medical information, or any other aspect of employment.
What is the federal EEO process?
The federal EEO process is divided into formal and informal stages. Pay close attention to the timelines!
Informal Process: The first step in the federal EEO process is to contact an EEO counselor at your federal agency within 45 days of the day the discriminatory act occurred to attempt resolution. The informal process includes meeting with the EEO counselor to discuss and define your concerns. The EEO counselor serves as a neutral party, advising you of your rights and obligations under EEO law. They may also gather information from various sources about your concerns. Often an EEO counselor will also give you the option to participate in Alternative Dispute Resolution (ADR; also known as mediation). Keep in mind that an EEO counselor is not your advocate. They only serve as a facilitator and they represent the process.
Formal Process: If you are unable to resolve your dispute through the informal process, you may proceed with filing a formal EEO complaint. You will only have 15 days from the day your EEO counselor notifies you that you may file a formal complaint to file the complaint. After the formal complaint is filed, your agency will review the complaint and determine whether it should be dismissed for procedural reasons (for example, if you filed your complaint more than 15 days after your counselor advised you of your right to file, the agency may dismiss it for untimeliness). If your complaint is not dismissed, the agency must conduct an investigation within 180 days. You will receive a copy of the investigation when complete. The investigation is called the "report of investigation" or ROI. (Review the following section for information on your potential role in an EEO investigation: Investigations). After you review the ROI, you will have an opportunity to request a hearing before an Equal Employment Opportunity Commission (EEOC) administrative judge or request the agency review the ROI and issue a final decision (called a "Final Agency Decision" or FAD). Note that even if you request a FAD, you will have the opportunity to appeal it to the EEOC or challenge it in federal district court if you disagree with the outcome.
Be aware that this is simply a high-level summary of the federal EEO process and there are many nuances and different routes that your complaint could take. The most important takeaway is to monitor timelines. You only have 45 days to contact an EEO counselor after a discriminatory act occurs!
The federal EEO process is complex and deadlines are quick. Working with an attorney with experience in federal employment law can be valuable in navigating this process successfully.