(For federal employees only. See EEOC Filing for non-federal employment discrimination complaints.)
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).
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)
(29 C.F.R. §1614.110)
(8) Appeal to the Office of Federal Operations (OFO) ( 29 C.F.R. §1614.401-403)
US Department of the Interior's brochure and chart on the entire EEO process for federal employees.
Also see EEOC's overview of the federal EEO process:
Complete list of 29 C.F.R. §1614 (Title 29 Labor, Chapter XIV EEOC, Part 1614 Federal Sector EEO).
See How To Write A Discrimination Complaint. Theories of 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
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