(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 (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.)
(8) Appeal to the Office of Federal Operations (OFO) 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.'
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.")
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.'
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.
national origin, retaliation or reprisal, etc.
discrimination yet. You must say, 'I was terminated based on my race or age,' in order to make a valid discrimination claim.
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 discrimination 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. |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
MSPB & EEOC hearings, OFO appeals, informal and formal discrimination claims Non attorney uniquely serving nationwide from Philadelphia |
