Equal Employment Opportunity (EEO) Edition
Tick tock. Keeping your eye on the clock is critical in contesting any federal workplace concern, and missing a deadline could kill your claim.
In my “Know the Clock” series, I am laying out the most common deadlines for federal workplace disputes. However, deadlines can change on a dime. Be sure to verify your deadlines as soon as you have knowledge of workplace events that might give rise to a complaint. Staying informed and ahead of the game is key to preserving your rights.
Today, we are going to explore Equal Employment Opportunity (EEO) complaints.
The EEO process is rigorous with deadlines for both the agency and the federal employee. It is important for employees to stay on top of both sets of deadlines.
As a reminder, federal employees have the right to file an EEO complaint if they believe their agency has discriminated against them based on race, color, religion, sex, national origin, age (40 or older), disability, or genetic information; or retaliated against them for opposing employment discrimination, filing a complaint of discrimination, or participating in the EEO process (even if it is not their own complaint).
The first, and most important, milestone is the initial contact with the agency’s EEO office. Federal employees must contact an EEO counselor within 45 calendar days of a discriminatory action to allege EEO-related discrimination. If an employee’s concerns involve discrete acts (such as a disciplinary action, denial of promotion, etc.), then they should contact their EEO counselor within 45 calendar days of each discrete action. Failure to do so could mean loss of that claim. While there may be some cases, such as ongoing harassment or hostile work environment cases, where contact is not necessarily required after every single incident, employees should always be mindful of the 45-day requirement if they experience discrimination in the workplace.
Once an employee contacts an EEO counselor, they should be given a choice to either participate in EEO counseling or engage in Alternative Dispute Resolution (ADR) with the agency. Agencies are generally required to complete counseling within 30 calendar days, and ADR within 90 calendar days. Most importantly, if counseling and/or ADR is unsuccessful, the agency, via the EEO counselor, should inform the employee of their right to file a formal EEO complaint, which leads to an employee’s second major deadline.
Employees have 15 calendar days to file a formal EEO complaint, and the clock starts the day after the EEO Counselor gives them notice of their right to file. After filing a formal complaint, the agency will review and determine whether the complaint should be dismissed for procedural reasons (for example, if an employee filed their complaint late). If a complaint is not dismissed, then the agency has 180 calendar days to conduct an investigation. After investigation, an employee will have an opportunity to request a hearing before an Equal Employment Opportunity Commission (EEOC) administrative judge or a final agency decision. Both paths come with a host of new deadlines. Again, it is important to review every document issued by the agency closely and ensure compliance with stated deadlines.
Want to learn more?
You can find more information about recent, proposed changes to the federal EEO complaint process here.
You can also find more information about the current, federal EEO complaint process here.
