Federal EEO Complaint Process

Clarifying the EEO Process in Federal Sector

During the past year, we noticed many agencies deviating from a clearly defined EEO complaint process.  Some examples include:

  • Requiring employees to waive access to EEO counselor and counseling to pursue ADR (mediation)
  • Requiring employee to submit narrative statements concerning complaints
  • Requiring, or at times “strongly suggesting” employees submit evidence during informal stage
  • Requiring employees to first contact (prior to filing a complaint or contacting a bona-fide EO counselor) “collateral duty EEO contacts”; typically fellow employees (in one case, even a supervisor)
  • Requiring employees to rebut statements of RMO’s (Responsible Management Officials) or agency representatives
  • Using agency “Liaisons” instead of EEO Counselors or using those terms interchangeably
  • Engaging in mediation that more resembles a de facto trial, even suggesting formal opening statements and evidentiary submissions

These are a few of the changes we noticed.  While these changes are not “illegal” in the context of EEOC Management Directive MD-110 or the EEOC published Federal Sector Complaint Process, they represent distinct agency regulatory changes not necessarily in favor of the affected federal employee. These changes also complicate matters and cause confusion in employees.  For example, one client thought she had made contact with an EEO counselor when in fact she had not.  In another case, a client had to ask at least eight times what stage of the EEO complaint process he was in.  An even more alarming trend are significant process differences within the same agency, same sub-agency, and even differences in the same agency simply based on geographic location (Indian Health Services and U.S. Border Patrol are good examples).

Based on the foregoing, we thought it would be a good idea to post an accurate validated flow-chart of the Federal Sector EEO Complaint Process.  This is the same flow chart we send clients.

 Federal Sector EEO Complaint Process

Federal Sector EEO Complaint Process

 

See All Our FAQ’s

Are you facing a hostile work environment, workplace discrimination, or proposed removal?

Phone: (202) 642-1287
Website: informedfed.com
Twitter: @InformedFed
Our Consulting Services
Hire a Consultant
Informed Fed provides expert administrative consulting services to employees and labor organizations in public sector labor and employee relations matters. At a fraction of the cost of attorneys, and with senior level practitioner expertise, our experts can assist you in arbitration, grievance, FLRA, OSC, MSPB, OSHA, OWCP, EEO, and Alternative Dispute Resolution matters. We also provide direct consultation, IT support, and training to labor organizations. Contact us for a free consultation and case assessment.
The material on this website is intended to provide only general information and comment to the public. Although we make our best efforts to ensure information found on this website is accurate and timely, we cannot, and do not, guarantee the information is either. Nor do we guarantee accuracy of any information contained on websites to which our website provide links.  Do not, under any circumstances, rely on information found on our website as legal advice. It should be considered a general guide. Legal matters are often complicated and fact dependent. For assistance with your specific issue or inquiry please contact your local union, personnel office, or attorney. Consultants offered through this website are not attorneys and are not employees of Informed Fed. They are labor and employee relations practitioners. They provide services to clients in their individual capacities through individual agreements with their clients. Though attorneys are not required for representation in administrative matters or proceedings, there are instances in which our consultants may refer you to attorneys or otherwise make such recommendation. In no instance does this site, or consultants associated with this site, infer the provision of legal services.