Formal Complaint Of Discrimination In The Federal Government Page 3
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INFORMATION CONCERNING DISCRIMINATION COMPLAINT PROCESSING
UNDER TITLE 29 CFR PART 1614
1.
This form is for your use if you are a federal employee, former employee or an applicant for federal employment and believe you
have been discriminated against because of your race, color, religion, sex, national origin, age (40 and above), disability, and/or
reprisal. Before filing a formal complaint, you must first have presented the matter for informal resolution to an Equal Employment
Opportunity (EEO) counselor within 45 CALENDAR DAYS of the date of the alleged discriminatory event, the effective date of an
alleged discriminatory personnel action or the date you knew or reasonably should have known of the discriminatory event or
personnel action.
2.
Your formal complaint must be filed within 15 CALENDAR DAYS from the date you receive notice of right to file a discrimination
complaint from the EEO counselor. It must contain a signed statement from you or your attorney identifying your name, the
agency and describe generally the action(s) or practice(s) that form the basis of your complaint. It must also contain a telephone
number and address where you or your representative can be reached.
3.
The time limits for filing may be extended by the agency if you can show that you were not notified of the time limits or were not
otherwise aware of them, or that you were prevented by circumstances beyond your control from submitting the matter within the
time limits, or for other reasons considered sufficient by the agency.
4.
If you need help in preparing your complaint, you may contact the agency's EEO office or the EEO counselor. You may also
secure help from a representative of your choice.
5.
A complaint is deemed filed on the date it is received, if delivered to an appropriate official, or on the date postmarked if
addressed to an appropriate official designated to receive complaints.
6.
You may have a representative of your own choosing at all stages in the complaint process. You must notify the agency
immediately if you retain a representative.
7.
Your complaint or an amendment to your complaint will be acknowledged in writing.
8.
You can request alternative dispute resolution (ADR) anytime during the formal complaint process by contacting any
representative of the EEO office processing your complaint. If the Equal Employment Manager agrees to offer you ADR, the
ADR method used will be coordinated by the EEO Specialist processing your formal complaint.
9.
If your complaint, or any claim in the complaint, is dismissed on procedural grounds, you will receive a written notice of dismissal
which will provide your rights to appeal and/or file a civil action concerning the dismissal.
10. If your complaint is accepted, it will be investigated by an investigator who is not under the jurisdiction of the head of that part of
the agency in which the alleged discrimination took place. Based on information developed during the investigation, you will
receive a copy of the investigative report and notice of (a) the right to request a hearing conducted by an Administrative Judge
appointed by the U.S. Equal Employment Opportunity Commission (EEOC) who will render a decision to the agency, followed by
a final action from the agency, or (b) the right to a complete review and final agency decision without a hearing. A request for a
hearing must be made directly to the EEOC within 30 CALENDAR DAYS OF RECEIPT of the Report of Investigation and notice
of rights. A request for a final agency decision without a hearing must be made to the EEO Office within 30 CALENDAR DAYS
OF RECEIPT of the Report of Investigation and notice of rights.
11. The agency is required to conduct an impartial investigation of your complaint within 180 calendar days of the filing date, unless
you agree in writing to extend the time period for up to an additional 90 calendar days. You will be notified if it becomes
necessary to ask for your agreement to extend the investigation period beyond the initial 180 calendar day period. You are not
obligated to agree to extend the investigation period. If the 180 calendar day investigation period has elapsed and you have not
agreed in writing to an extension, you may either (a) request a hearing before an Administrative Judge appointed by the EEOC or
(b) request a final agency decision or (c) elect to file a civil action in a U.S. District Court.
12. You may amend a pending EEO complaint at any time prior to the conclusion of the investigation to add claims like or related to
those raised in the complaint. After requesting a hearing, you may file a motion with the Administrative Judge to amend a
complaint to include claims like or related to those raised in the pending complaint.
13. If settlement is reached, the terms of the agreement will be reduced to writing and signed by all parties to the complaint. Copies
will be provided to you and the management official(s) responsible for carrying out the settlement.
14. If you fail to request a final agency decision, with or without a hearing, within 30 CALENDAR DAYS OF RECEIPT of the Report
of Investigation and notice of rights, a final agency decision will be issued based on the information in the record.
15. If you are dissatisfied with the final agency decision, you may appeal to the EEOC, Office of Federal Operations (OFO) within 30
CALENDAR DAYS after receipt of the final agency decision. An appeal shall be deemed filed on the date it is postmarked, or in
the absence of the postmark, on the date it is received by the EEOC. Any statement or brief in support of the appeal must be
submitted to the EEOC, OFO and to the agency within 30 CALENDAR DAYS of filing the appeal. Instead of an appeal to EEOC,
you may file a civil action in the appropriate federal district court within 90 CALENDAR DAYS of receipt of the final agency
decision.
16. If the agency has not issued a final agency decision on a complaint within 180 days of the filing date, or if OFO has not rendered
a final decision within 180 days of your appeal to that office, you may file a civil action in the appropriate federal district court.
Filing a civil action in court terminates the administrative processing of the complaint or appeal.
NOTICE CONCERNING AGE DISCRIMINATION COMPLAINTS
17. Special procedures apply to age discrimination complaints and the timeframes for filing a civil action in federal district court may
not be the same as shown above. Contact the EEO Office for additional information.
IF FURTHER EXPLANATION IS NECESSARY, REFER TO 29 CFR PART 1614,
EEOC MANAGEMENT DIRECTIVE 110, OR CONTACT THE EEO OFFICE.
DLA FORM 1808, FEB 2006
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