Discrimination Complaint Process
If you are a current employee, applicant for employment, or former employee and believe you have been discriminated against based on your race, color, religion, sex, pregnancy, national origin, age (40 years and over), physical or mental disability, genetic information, and/or retaliation, you can make a complaint under the EEO discrimination complaint process.
Contact an ORM EEO counselor within 45 calendar days of the incident
- Contact can be anonymous.
- The counselor will conduct an informal inquiry, or you may elect Alternative Dispute Resolution (ADR) to attempt resolution.
Note
ADR is an option at every step of the EEO process. ADR affords you the opportunity to work with a neutral third party in an effort to find a mutually satisfactory outcome to the complaint.EEO counseling is completed within 30 calendar days or up to 90 calendar days if ADR is elected
- If resolution is not achieved, you will be issued a Notice of Right to File a Discrimination Complaint File.
File a formal complaint within 15 calendar days of receipt of Notice of Right to File
- Claims are accepted for investigation or dismissed based on Equal Employment Opportunity Commission (EEOC) regulations.
- You may appeal dismissed claims to EEOC once final action is taken on your complaint.
Accepted claims are investigated within 180 days or up to 360 days if amended
- The investigator will obtain witness statements, other evidence, and prepare a Report of Investigation.
- You will be issued an Advisement of Rights Notice and provided a copy of the Report of Investigation on your complaint.
Elect an EEOC hearing or final agency decision within 30 calendar days of receiving your advisement of rights notice
- EEOC’s Administrative Judge issues a decision which the agency may implement or appeal; or
- VA’s Office of Employment Discrimination Complaint Adjudication (OEDCA) issues a Final Agency Decision (FAD), which may be appealed to EEOC; or
- You may also have the option to file a civil action in federal court, either in addition to or in lieu of the options described above.
Definition
Genetic Information includes information about an individual or family member’s genetic tests, as well as family medical history.
Dissatisfaction with the EEO Complaint Process
If you’re not happy with the outcome or how your EEO complaint was processed, you have several options:
- You have the right to file an appeal.
- You may contact your Regional EEO Officer to express your concerns.
- You can take your concerns to the Administrative Judge (AJ) or the Office of Federal Operations (OFO).
If you need more details, please review each option in more detail below:
What happens if I am dissatisfied concerning the processing of my EEO Complaint?
EEOC regulations provide those allegations of dissatisfaction with the processing of an EEO
complaint, otherwise known as a Spin-off complaint, should not be treated as a new complaint,
but should be incorporated into the pending complaint for disposition.
If you are dissatisfied with the processing of your EEO complaint, you should notify a Regional EEO Officer within ORM before EEOC’s AJ issues a decision on the complaint, the OEDCA issues a final agency decision, or ORM dismisses the complaint.
The District Manager will attempt to informally resolve the dissatisfaction. Your dissatisfaction and the District Manager’s response will be made a part of the EEO administrative file.
What happens if my concerns are not resolved by the District Manager?
Your concerns may be mailed to the following address:
Office of Resolution Management (00RM)
Executive Director
810 Vermont Avenue
Washington, DC 20420
What will happen after I have made my concerns known to the Executive Director and/or the Office of Policy, Compliance and Oversight (OPCO)?
Your concerns or complaints of dissatisfaction will be reviewed by the OPCO, and appropriate action will be taken. Your concerns, as well as the OPCO’s response to your concerns of dissatisfaction, will be included as a part of the administrative
complaint file.
EEOC regulations provide that allegations of dissatisfaction may be presented to the AJ if you elect an EEOC hearing. If you do not request a hearing, you may present your concerns to the OFO on appeal following the final action on this complaint.
What will happen after I have made my concerns known to the Executive Director and/or the Office of Policy and Compliance?
If a dissatisfaction or spin-off complaint is not resolved, or you disagree with the ORM’s remedy, you may present your concerns to the EEOC at the following processing stages:
- If you have requested a hearing and the complaint is under the jurisdiction of the EEOC,
you may present your concerns to the AJ before the AJ issues a
decision on that complaint. - If you have not requested a hearing, you may present your concerns to EEOC’s OFO on appeal upon receiving a FAD.
What happens if EEOC determines that my complaint was improperly processed?
Where the AJ or OFO finds that ORM has improperly processed the original complaint and that such improper processing has had a material effect on the processing of the original complaint, the AJ or OFO may impose sanctions on ORM, as they deem appropriate.
If the AJ finds that ORM’s actions were inconsistent with its requirements under the 29 CFR §1614 regulations but had no material effect on the processing of the complaint, at the AJ’s discretion, the AJ may suggest that you, as the complainant, submit a letter to EEOC’s Federal Sector Programs Department for consideration regarding ORM’s conduct.
