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    The Federal EEO Discrimination Complain Process
    (for federal employees only)



    (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 process for private
    employment discrimination cases.


    All statements contained in this page are subject to change.  EEO 21, LLC does not take responsibility for any errors
    or misrepresentation contained herein.
    A federal EEO & mediation specialist
    MSPB & EEOC hearings, OFO appeals, informal and formal discrimination claims
    Non attorney uniquely serving nationwide from Philadelphia