Pre-Complaint Process & EEO Counseling

More information can be found at https://www.eeoc.gov/federal/fed_employees/counselor.cfm

• Discriminatory Action Occurs

  What should I do if I feel I have been discriminated against?

  The first step is to contact an EEO Counselor at the agency where you work or where you applied for a job.  You generally have 45 days from the day the discrimination occurred to contact an EEO Counselor where you work, where you worked, or where you applied for a job.  If the discrimination involved a personnel action (for example, a demotion or firing), you generally must contact the EEO Counselor within 45 days of the day the personnel action takes effect.  Each agency is required to post information about how to contact the agency's EEO Office.  The information will include the EEO Office location and what number to call to reach someone there.

  https://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm

  https://www.eeoc.gov/federal/fed_employees/counselor.cfm

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• You contact an EEO Counselor within 45 days of the discriminatory act.

  What is the role of the EEO Counselor?

  The EEO Counselor serves as a neutral.  The Counselor provides you with your rights and obligations under the EEO laws, gathers information, and may attempt informal resolution when ADR is not offered or accepted.  The EEO Counselor also performs the roles of information gatherer, and facilitator, and possibly translator, messenger, and suggestion maker as set forth below.

  The EEO Counselor is not an advocate for either you or the agency, but acts strictly as a neutral in the EEO process.

  https://www.eeoc.gov/federal/directives/md-110_chapter_2.cfm

  https://www.eeoc.gov/federal/directives/md-110_appendix_c.cfm

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• You choose between informal counseling or alternative dispute resolution (ADR).

  What happens after I contact an EEO Counselor?

  Once you contact the agency's EEO Office, an EEO Counselor will talk to you about your rights and responsibilities and will take down some basic information about your situation.

  In most cases, the EEO Counselor will give you the choice of participating either in EEO counseling or in an alternative dispute resolution (ADR) program, such as a mediation program.   Not all claims are covered by an agency's ADR program, and the EEO Counselor should be able to tell you whether yours is the type of claim that is covered.  If it is not covered, then the Counselor will try to settle the matter informally.

  https://www.eeoc.gov/federal/fed_employees/counselor.cfm

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  What is alternative dispute resolution (ADR)?

  All agencies are required to have an alternative dispute resolution (ADR) program.  Most agencies use mediation in their ADR programs.  Mediation is an informal meeting between you and the agency that is conducted by a neutral mediator.  A mediator is trained to help people who have disagreements talk to each other.  The mediator does not decide who is right or wrong or issue a decision.  Instead, the mediator helps you and the agency work out your own solutions to your dispute.

  https://www.eeoc.gov/federal/fed_employees/adr.cfm

  Why would I select alternative dispute resolution (ADR)?

  There are real advantages to participating in ADR.  ADR offers both you and the agency the opportunity for a fast and informal settlement of the dispute.  Rather than leaving the decision to a third party, such as an Administrative Judge, ADR gives you the opportunity to reach an agreement that works for both you and the agency.

  https://www.eeoc.gov/federal/fed_employees/adr.cfm

  What are my rights during alternative dispute resolution (ADR)?

  You are free to end the EEO ADR process at any time, and you retain the right to proceed with the administrative EEO process if resolution has not been reached through ADR.  No one can force a resolution on you, not agency management, EEO officials, or the third-party neutral.  You have the right to representation at any time.

  https://www.eeoc.gov/federal/directives/md-110_chapter_3.cfm

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• Was the informal counseling or ADR successful?

  •  Yes

    • A Settlement Agreement is reached. This is the end of the process.  The agreed upon solution is implemented by the parties. If the agreement is not followed, then the Agency must be alerted within 30 days of the breach.

      What happens if the matter is settled during counseling?

      If you and the agency agree to an informal resolution of the dispute, the terms of the resolution should be reduced to writing and signed by both you and the agency to help ensure that you and the agency have the same understanding of the terms of the resolution.

      https://www.eeoc.gov/federal/directives/md-110_chapter_2.cfm

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  •   No

    • A Notice of Right to File is issued. You must file a Formal Complaint within 15 days of receiving the Notice of Right to File. The process now moves on to the formal complaint stage.

      What happens if the matter is not settled during counseling?

      If informal resolution is not possible, the EEO Counselor will hold a final interview with you and issue the Notice of Right to File a Discrimination Complaint. No further counseling will occur.  You must file a formal complaint within 15 days from the day you receive notice from your EEO Counselor about how to file.

      https://www.eeoc.gov/federal/directives/md-110_chapter_2.cfm

      https://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm

      What if I want to file a formal complaint before the final interview?

      Usually, you must wait until the EEO Counselor has held a final interview with you before you can file a complaint.  If, however, the counseling period ends and your EEO Counselor has not yet held the final interview, you have the right to file a formal complaint without having the interview.  When you submit your complaint, you should include a short letter telling the EEO Office that the EEO counseling period has ended (including any extensions), and you have not yet been given a final interview.

      https://www.eeoc.gov/federal/fed_employees/counselor.cfm

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