Representing Federal Employees in EEO complaints for Over 25 Years
Our federal EEO lawyers represent federal employees in Equal Employment Opportunity (EEO) complaints against their federal agencies. Representing federal employees in EEO complaints can be a complex process that involves defending the rights of those who have suffered discrimination or harassment in the federal workplace. EEO complaints are based on discrimination involving race, retaliation, color, sex, sexual harassment, hostile work environment, disability, age, religion, national origin, or genetic information.
How the EEO Process for Federal Employees Begins
The EEO complaint process for a federal employee generally begins when they file an informal complaint of discrimination with their agency’s EEO office. Here are key steps in representing an employee through the initial stages of the EEO complaint process:
Initial Contact with the EEO Office
To start the EEO complaint process, a federal employee must “initiate contact” with the federal agency’s EEO office within 45 days. This is known as the informal complaint process. There can be some unique exceptions, but the deadline for filing is fairly strict. Not filing an EEO complaint on time can result in losing the opportunity to bring the case forward. It is important when initiating contact with the EEO office that you provide as many details about the discrimination as possible so that it is contained in the record. Also, federal employees should make some effort to ensure that they have contacted the correct EEO office at the agency. Not doing so can cause issues later in the complaint process. The following is a typical sequence of events for EEO complaints for federal employees
EEO Counseling Process
The next step in the process for federal employees is for the agency to assign an EEO counselor to assist in the processing of the case. This involves going through numerous forms to understand your rights and to consider whether or not to attempt to mediate the dispute early. We often recommend trying to mediate these disputes as early as possible. If resolved, the EEO complaint will end in an executed settlement agreement.
EEO Mediation
After the initial contact is made, the parties will be given the chance to mediate the dispute. Mediation is the process of the parties sitting down with one another (or through Microsoft Teams) in an attempt to settle the case. In most mediations, a mediator is appointed by the agency, and the parties present their cases to each other. The parties also present resolutions to each other. If a settlement is reached, the case will be resolved, and a written settlement agreement will be prepared and signed.
Filing a Formal EEO Complaint
If mediation is not selected and/or is unsuccessful, the next step in the EEO complaint process is for the agency to issue the employee a notice of right to file a formal EEO complaint. The formal complaint, depending on the agency, will consist of completing an agency complaint form and providing a written description of the discrimination that has occurred, as well as other details. Here is a sample government form for the Formal Complaint, but the process involves a lot more than just completing the form. There is a really short deadline for this stage. Normally, an individual only has 15 days from receiving notice of the end of counseling to file their formal complaint.
Agency Reviews Formal EEO Complaint
After the agency receives the formal complaint, the EEO office will review it before taking any other action. The agency will review the complaint to decide whether the case should be dismissed for a procedural reason. One example of this is when the complaint was filed late. Another reason to dismiss a claim might be when the agency believes the type of claim cannot be pursued. One example is when a federal employee alleges discrimination involving the loss of a security clearance. If the agency doesn’t dismiss the complaint, it will conduct an investigation. If the agency dismisses a complaint, a federal employee can appeal it to the EEOC.
The EEO Investigation Starts
The next step in the process is for an EEO investigator to be assigned to the case. The EEO investigator will either be a federal employee or a third-party contractor. Typically, the EEO investigator will contact the federal employee and their attorney first to get a sense of the discrimination claims. The EEO investigator will ask about the discrimination claims and usually ask for an affidavit to be completed by the federal employee. It is helpful to provide the investigator the names of all important witnesses in the case and also important documents for them to collect.
EEO Complaint Investigative Process
The EEO investigator, depending on the claim, will then start to gather important documents related to the claim. The documents can include emails, policies, correspondence, or any other type of documentation for use in the investigation. The EEO investigator will then interview other witnesses in the case. The witnesses will include the person known as the respondent, the main person who is allegedly responsible for the discrimination. Afterward, the complainant might be interviewed again or asked to submit a response to the respondent’s response. The agency has 180 days from the day the formal complaint is filed to finish the investigation. Investigators have been known to ask for extensions.
EEO Investigator Finishes the Report of Investigation (ROI)
When the investigator is finished with his investigation, he will generate the ROI, which is essentially a summary of all of the witness statements and evidence. The ROI will not have any conclusions but will provide information found in the investigation. Attached to the ROI will be a notice giving the complainant an opportunity to request a hearing before an EEOC administrative judge or to request a Final Agency Decision (FAD). We almost never recommend seeking a FAD in EEO complaints as the agency has no true incentive to resolve the case. Our federal EEO attorneys almost always recommend that clients elect the administrative judge hearing process.
EEO Complainant Chooses a FAD
In the less likely event that a federal employee chooses to seek a FAD, the agency will review their claim. After reviewing the claim, they will issue a decision. From our experience, these decisions are 95% in favor of the agency, which should not surprise you. However, you can still file a lawsuit if you disagree with the FAD.
EEO Complainant Chooses a Hearing
If a federal employee chooses the hearing process, he or she must select that option and notify the agency and the EEOC in writing. In a few weeks to a few months, an EEOC administrative judge will be assigned to the case and will respond. The federal employee and the agency (who will be represented by an attorney) will get an order and the initial deadlines to begin the hearing process.
Contact Us
We represent federal employees in filing and prosecuting EEO complaints. Our federal employment lawyers represent employees at the informal complaint stage, the formal complaint stage, during investigations, and before EEOC administrative law judges. To schedule an initial consultation with one of our federal employment attorneys, please contact us at (703) 668-0070 or by visiting our website’s Contact Us page.
