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    The Federal EEO Discrimination Complain Process




    Issues and Bases

    To make a valid claim of unlawful discrimination, each 'issue' must be link to a 'basis' or 'bases.' If the
    bases are not articulated, your allegations will be dismissed for lack of jurisdiction.  If the issues are not
    articulated, your allegations will be dismissed for 'failure to state a claim.'  

    "Issues" or "Acts of Harm": warning, reprimand, suspension, termination, removal, harassment,
    denied accommodation, denied promotion or hire, denied training, unequal wages, unequal
    monitoring, unfair evaluation, denied or unequal bonus, denied achievement award, unequal
    terms and conditions of employment, forced resignation, forced retirement, constructive
    discharge, forced transfer or detailing, etc.  (See below at the bottom on "constructive discharge"
    and on removal in a  "mixed case.")

    Example: If you say: 'The issue in my case is discrimination,' you have not said anything.  You
    must say: 'I have been terminated or suspended or paid less' in order to properly articulate your
    case.  Many allegations have been dismissed for 'failure to state a claim.'     

    When alleging harassment, you must identify each act of harassment by date, person, specific
    acts or words, and circumstance.  'The devil is in the detail' when it comes to harassment
    allegations.  Allegations such as 'I was harassed' means nothing unless you state how, when,
    where, and by whom.

    "Bases": race, sex, age (40+), disability (ADA definition), color, ancestry, religion, ethnicity,
    national origin, retaliation or reprisal, etc.

    Example: If you say: 'I was terminated based on discrimination,' you have not alleged any
    discrimination yet.  You must say, 'I was terminated based on my race or age,' in order to make a
    valid discrimination claim.  


    A complainant must elect whether to pursue a case through the union grievance process or the EEO
    process, not both.  See EEOC's Equal Employment Opportunity Management Directive, 29 C.F.R. Part
    1614.107(a)(4).


    Generally, "constructive discharge" discrimination issues involving non-probationary federal employees
    are appealable only to the MSPB, and not to EEOC.  See EEOC's Equal Employment Opportunity
    Management Directive for 29 C.F.R. Part 1614, (EEO-MD-110) ("MD-110"), Chapter 4, Section II.B., pages
    4-2 through 4-5.

    Generally, you don't have a right to a hearing before an EEOC Administrative Judge on a mixed-case
    complaint involving discrimination issues such as removal, suspension of more than 14 days, furlough,
    or on any other actions appealable to MSPB, since you may appeal them to MSPB.  See MSPB appeal.



    This screen pertains to federal employment discrimination cases.  Also see EEOC's explanation on the
    federal EEO process: http://www.eeoc.gov/federal/fedprocess.html.

    This screen does not pertain to private employment cases.  See EEOC process for private employment
    discrimination cases.



    All statements contained in this page are subject to change.  EEO 21 does not take responsibility for any
    errors or misrepresentation contained herein.



    Link to US Department of the Interior's brochure or chart on the EEO process for federal employees.
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