The Federal EEO Discrimination Complain Process
    (For federal employees only. See EEOC Filing for non-federal employment discrimination complaints.)

    Warning: All federal EEO processes are funded by the Agency, as mandated.  Therefore, any EEO process is properly referred to
    as "Agency's EEO process," "Agency's EEO investigation," "Agency's formal complaint investigation," "Agency's acceptance or
    rejection of the EEO claims," or "Agency's final decision on the EEO claim" which is better known as Final Agency Decision (FAD).

    Complete list of 29 C.F.R. §1614 (Title 29 Labor, Chapter XIV EEOC, Part 1614 Federal Sector EEO)
    governing the entire federal EEO process.

    (2) Mediation (See Informal EEO Complaint process above)

    (3) EEO Counselor Report (See Informal EEO Complaint process above)

    (4) Formal EEO Complaint process (29 C.F.R. §1614.106-108)

    (5) EEO investigation and fact-finding conference (See Formal EEO Complaint process above)

    (6) Report of the Investigation (ROI) or Investigative Report (IR) (See Formal EEO Complaint process above)

    (7) EEOC Hearing (presided by an administrative judge - you have a right to request one after receiving ROI or you can wave the right and
    request the Final Agency Decision without a hearing.)
    (29 C.F.R. §1614.108-109)

    A complainant must elect whether to pursue a case through the union grievance process or the EEO process, not both.  If you claim discrimination
    in the grievance (as applicable per union contract) and then file an EEO claim, the latter may be dismissed.  See EEOC's Equal Employment
    Opportunity Management Directive, 29 C.F.R. Part 1614.107(a)(4).  It is advisable, therefore, to file EEO claims first (alleging discrimination) and
    then (on the next day) file a grievance alleging violation of union contract without mentioning discrimination in the grievance.  In this way you may
    get the two processes going at the same time on the same issues but under two separate proceedings.  If the grievance is resolved satisfactorily,
    the EEO claim may become moot and thus may be dismissed as resolved.

    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 does not pertain to private employment discrimination cases.  See EEOC filing for non-federal employment discrimination cases.

    Reasons for the low winning rate of discrimination complaints

    All statements contained in this page are subject to change.  EEO 21, LLC does not take responsibility for any errors or misrepresentation contained herein.
© Copy righted by EEO 21, LLC
275 E. Street Road, #27, Feasterville, PA, U.S.A.

The Benchmark in the Federal EEO Process
EEO Process
Sub-processes and Salient Doc
Work to be done
Informal Complaint

(30 days unless Complainant grants
extension up to maximum 60 additional
Download a flow chart in Word doc
- Initial contact (within 45 days)
- EEO Counseling (30 days)
- Notice of Right to File (15 day notice)
-Identify issues (i.e., discharge, suspension,
reprimand, terms and conditions) and bases (prior
EEO activity, race, sex, age, disability, national
origin, color, ancestry, ethnicity).
-Submit informal complaint to counselor.
-Participate in counseling session.
-Mediation (upon request): automatic additional 60
Formal Complaint

(180 days unless Complaint grants
extension up to maximum 90 additional
Download a flow chart in Word doc
-Formal Complaint filing (within 15 days of
Notice of Right to File)
-Acknowledgment of receipt from EEO
Notice of Partial Acceptance or
l of the formal complaint to be
issued by EEO Director/Manager.
-Rebuttal of any dismissal.
-Notice of assignment of investigator.
-Receipt of Notice of Right to File
-File Formal Complaint to EEO Director/HQ
-Receipt of acceptance/ rejection of issues by EEO
-Rebut any dismissal of issues.  
Formal Complaint Investigation
- Data and Document request by
Affidavit questionnaire.
- Fact-Finding Interview.
-Fact-Finding Conference.
-Rebuttal to Agency affidavits.
-Supplemental affidavit, if necessary.
-Issuance of
Report of Investigation (ROI)
Investigation File (IF).
-Participate in the investigative interview.
-Review and revise responses to EEO Investigator’
s affidavit questionnaire.
-Participate in the fact-finding conference.
-Submit any supplemental affidavit if necessary.
-Submit records to support the claims.
-Submit witness list prior to investigative
-Rebut any management affidavits if available.
-File a federal district court complaint.
EEOC Hearing: Phase 1
Download a flow chart in Word doc
- Request for a EEOC hearing (form)
(within 30 days of receipt of ROI).
-Order for Agency to Produce Investigation
File (Agency must produce ROI an IF to
EEOC within 15 days of receipt of this
Order.  Upon your motion, Agency could be
sanctioned for failure to produce ROI/IF.)
Acknowledgment and Order.
-Discovery requests by both sides within
20 days of receipt of Acknowledgment
-Discovery response (within 30 days of
receipt of discovery requests from other
-Deposition, as necessary
-Motion to amend (within 30 days of receipt of
Acknowledgment And Order).

- Initiate discovery requests.
- Respond to Agency discovery requests.

-Enforce discovery response (courtesy reminder of
due date, deficiency notice)

-Motion to Compel.

- Agency deposing Complainant
- Complainant deposing Agency

-Settlement discussion
EEOC Hearing: Phase 2
- Agency motion for decision without
hearing or for summary judgment.
-Agency motion for dismissal.
-Respond to Ag. Motions such as Motion for
summary judgment.
EEOC Hearing: Phase 3
-Scheduling Order
-Prehearing Report.
-Prehearing Conference

-AJ Decision (bench/verbal decision at the
conclusion of hearing or later date or
written decision within 30 days after
-File prehearing submission to AJ.
-Participate in the prehearing conference with AJ
and Agency attorney.
-Settlement discussion.

-Opening statement.
-Examination and cross examination of witnesses.
-Closing argument (verbal or written).

See more for
EEOC Hearing
See Proving Your Case at a Hearing
See How To Prepare for a Hearing
Final Agency Decision (FAD) or
Final Order
-Final Agency Decision (FAD) (within 40
days of AJ Decision)
-Appeal to OFO
-file a federal district court complaint.
OFO Appeal
-Appeal or petition request (EEOC Form
573) (within 30 days of receipt of FAD).
-Appeal Brief (within 30 days of appeal
request, can be extended for maximum
additional 30 days).
-Breach of settlement agreement appeal.
-File appeal.
-File appeal brief.
OFO Reconsideration
-Reconsideration request and brief (within
30 days of receipt of OFO Decision)
-File reconsideration request.
-File reconsideration brief.
OFO monitoring
-OFO monitoring Agency compliance to
OFO decision and Order.
-Monitoring w/out enforcement power.
    EEOC hearings
    EEO representation
    MSPB appeal hearings
    Federal employment discrimination specialist serving
    nationwide from Philadelphia
Download a flow chart in Word doc