We represent federal employees in the Federal Employee EEO complaint process. The Equal Employment Opportunity (EEO) complaint process for federal employees can be challenging, especially if you’re experiencing discrimination or harassment. It is important to understand your federal employee rights as you move forward with your complaint. While each case is different, here are 14 tips to consider during the federal employee EEO complaint process.
1. Understand Your Rights First
Before taking action, familiarize yourself with your rights under federal employee EEO laws and regulations. These laws prohibit discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. Many federal employees get bad advice on what constitutes an EEO complaint. Knowing your rights is crucial as it helps you recognize if you have a valid complaint or should take another approach.
2. Gather Documentation/ Possible Evidence
EEO cases are documentation-heavy. As a result, it is important to retain all documentation that is involved in your case. Such information can include emails, text messages, witness statements, policies, notes, photographs, video, and other documentation. For instance, if you were sexually harassed by a manager and you have emails demonstrating this, it would be important to have them when preparing to file a complaint.
3. Be Timely
It is critical to be timely when filing an EEO complaint. Typically, there is only a 45-day time period in which to initiate a complaint. There are some exceptions involving hostile work environment claims. However, it is critical to plan to file your claim on time. If not, the best claim in the world may be dismissed. Each federal agency has its own procedures to follow, so make sure to consult your agency’s EEO office for specific guidance.
4. Spell Out Your Claims Clearly in the Informal Complaint
When initiating the informal EEO complaint within 45 days, put it in writing. Additionally, you should be clear about all of the issues you are raising. We find that initiating the informal complaint verbally, with no written record, can often lead to a disagreement about what was disclosed within the 45-day period. In many cases, we treat the informal complaint with as much detail as would be provided in the formal complaint. It is important to describe the incidents of discrimination in detail, including dates, locations, and the individuals involved. Clarity can prevent misunderstandings and help the EEO counselor address your complaint more effectively.
5. Think About Solutions Before Filing
Before initiating the informal complaint, consider what you may want to resolve the case. In many instances, if there is a plan to resolve the complaint in advance, an attempt to mediate the dispute can take place. Given the longer nature of the EEO complaint process, settling early, where possible, may be the best option. If the parties agree to alternative dispute resolution (ADR), they have a chance to resolve it. If successful, both parties will resolve the complaint in a settlement agreement.
6. Know the Timelines and Process
The EEO complaint process has specific timelines. If the complaint is not resolved, a number of timelines will start. A federal employee will receive their notice of right to file a formal EEO complaint. This usually has a deadline of 15 days. Additionally, after you file your complaint, the agency typically has a set period of time to investigate your claims (180 days).
7. Respond to Agency Dismissal Attempts
In some cases, federal agencies will attempt to dismiss (and not investigate) your EEO complaint. It is advisable to respond to these attempts and explain why the complaint should not be dismissed. Even if dismissed, these claims can later be potentially revived before an administrative judge if you file a response describing why the agency has to investigate your claims.
8. Follow-up If Investigation Delayed
After filing the EEO complaint, there is often a delay in starting the investigation. In some cases, the agency forgets or is slow in appointing an investigator. In such cases, it is important to follow up with the agency’s EEO office to see if an investigator has been appointed and obtain their contact information. In most cases, the EEO investigator appointed is from a third-party contractor. The sooner that you obtain the EEO investigator’s contact information, the better.
9. Provide Names of Witnesses and Documents to the Investigator
Agencies are required to conduct an impartial and fair investigation. That said, federal employees can’t assume that EEO investigators will know who to question or what documents to seek. Investigators usually have some idea where to start. Usually, it is important to provide a list of witnesses and documents that the EEO investigator can use to start the investigation. It is often the case that EEO investigators will miss key witnesses unless they are identified. You can help yourself by providing this information to the EEO Investigator.
10. Cooperate with the Investigator
It is important to cooperate with the assigned investigator. It is often the case that EEO investigators will ask for additional documents, rebuttals to witness statements or other responses by certain deadlines. If a complainant doesn’t comply with these requests, it can hurt the investigation and the case. Even though the EEO complaint process can sometimes be difficult, it is important to stay professional and cooperative throughout the process.
11. File Amended Claims if New Issues Arise
If, during the course of the EEO investigation, new EEO issues arise, you can often file an amendment to your EEO complaint. Doing so can reset the timelines, but it may be important to consolidate new EEO complaint issues that come up during the course of the investigation. For example, a federal employee files an EEO complaint against a supervisor, and the supervisor later tries to discipline the employee. It would be likely be important to amend the original claims and include a new count of retaliation.
12. Keep an Eye on the Investigation Timeline
An EEO investigation is generally required to be completed in 180 days. After this period of time, a complainant can move their case to the hearing process if the investigation is not completed. However, in some cases, it is important to let the EEO investigator complete their investigation first. If the wait is minimal, then it is better to have the Report of Investigation to start your case than not.
13. Keep Records of Correspondence with Agency and EEO Investigator
It is important to keep records of all contact with the agency’s EEO office and the EEO investigator. There could be a dispute later about what issues were raised or whether or not you asked a certain witness to be interviewed. The best defense to these issues is to keep a copy of all emails and correspondence sent to the agency.
14. Hire a Federal EEO Lawyer
The EEO complaint process can be complex with many twists and turns. It is important to retain an experienced lawyer in federal EEO complaints to help you from the start. The best time to hire a lawyer is before the 45-day timeline for initiating EEO contact starts.
Contact Us for Federal EEO Complaint Representation
Filing an EEO complaint can be a challenging process, but knowing your rights and following the proper steps can put you in the best position moving forward. By gathering evidence, being clear about the allegations in your complaint, and hiring experienced EEO counsel, you can navigate the process with greater confidence. If you are in need of experienced federal employee EEO lawyers please contact us at (703) 668-0070 or through our website to schedule a consultation.
This article discusses the Equal Employment Opportunity (EEO) mediation process for federal employees. Our law firm represents federal employees in discrimination, harassment, retaliation and sexual harassment cases before the Equal Employment Opportunity Commission (EEOC) and/or individual federal agency EEO offices. Many retaliation, discrimination or sexual harassment cases filed through the EEO process proceed to mediation, which is often a good idea.
This article discusses the EEO mediation process and the potential benefits associated with engaging in that process for both parties involved.
What is the EEO Mediation Process?
Mediation is a voluntary procedure where the parties attempt to avoid litigation and resolve a complaint early in the process. Once the EEO complaint process has started federal employees and agencies can attempt mediation first. If mediation is agreeable, then a mediator is assigned. The EEOC provides an excellent general summary of the general mediation process.
The mediator assigned to a case does not make a finding as to who is right or wrong and has no authority to impose a settlement on the employer and complainant. Instead, the EEO mediator attempts to assist the parties in exploring and resolving their differences and hopefully come to a settlement of the case. There is also no fee by from the federal agency for the mediator as it is a benefit provided by the federal government to resolve cases.
Who Attends the EEO Mediation Session?
Usually, once mediation is scheduled, both parties and their lawyers will attend, along with the mediator. The mediator can be someone employed by the agency or a third-party contractor. The background of a mediator varies significantly. It is very useful, however, to have an attorney for both parties to attempt to resolve the case at the earliest stage possible. Furthermore, once an agreement is reached you will need counsel to prepare a written agreement over the terms agreed to.
How Does EEO Mediation Work?
Usually, mediation will be held at a location located in a conference room at the federal agency. Sometimes mediation is conducted by Zoom or Microsoft Teams. The session will usually last from a few hours to a day. Once the mediation session begins, the process usually will proceed as follows:
1. The mediator provides a copy of the mediation agreement. The mediation agreement will ensure that any discussions at mediation are held confidential; they can’t be used later in litigation if settlement does not work out.
2. The mediator will begin by explaining the mediation process to the parties. Mediators, depending on their experience, how many different ways of conducting a mediation.
3. The parties will each provide an opening statement about their position in the case. It is often helpful for the employee to explain how they suffered discrimination, sexual harassment, or retaliation. The Government will then provide their own statement in response.
4. The parties will then usually discuss the EEO complaint. The mediator may attempt to steer the discussion into a dialogue to attempt to get the parties to begin a discussion.
5. The parties may then discuss resolving the complaint or the parties may be separated in separate rooms. A mediator may go back and forth between the parties discussing proposals and responses from each side.
6. The most important part of the mediation process are the caucus sessions; that is where most agreements are found.
7. The mediator will attempt to bring the parties to terms agreeable to both sides, typically a compromise between what both sides want. Sometimes this occurs, and sometimes this does not.
8. If settlement terms are agreed to, the next step will be to reduce the agreement to writing and have all parties execute the agreement.
Formal Written Settlement Agreement
Following a verbal agreement between the parties agreed to at mediation, a written settlement agreement is completed. Usually, where parties are represented by counsel, this will be drafted and reviewed by the attorneys. The agreement will bind both parties to a resolution and the agreed-to terms of the settlement (e.g. reinstatement, benefits, severance, backpay, promotion, attorney fees). When a settlement agreement is signed, the EEO complaint will be then withdrawn as part of the agreement.
According to EEOC statistics, the settlement rate at mediation is approximately 72-75%. We consider it a victory if both parties can resolve a case and save the time and costs of further litigation through dispute resolution efforts.
When Mediation Doesn’t Work Out
If mediation doesn’t work out, then the parties can return to the normal complaint process without any loss of rights. An investigator will be assigned and conduct the investigation. It is generally a good idea to try to mediate an EEO complaint first before going through the investigative process, as many cases do settle.
If you are a federal employee in need of assistance with filing an EEO complaint or mediation, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.
