✅ Step 1: Contact an EEO Counselor
- Deadline: Within 45 days of the discriminatory event.
- Contact your agency’s EEO Office to speak with a counselor.
- The goal is pre-complaint resolution (informal).
✅ Step 2: EEO Counseling
- The counselor will:
- Explain your rights.
- Attempt informal resolution (can take up to 30 days).
- Offer mediation or Alternative Dispute Resolution (ADR) if available.
If unresolved, you’ll get a Notice of Right to File a Formal Complaint.
✅ Step 3: File a Formal EEO Complaint
- Deadline: Within 15 days of receiving the notice.
- File the complaint in writing to your agency’s EEO Office.
- It must include:
- What happened
- Why you believe it was discrimination
- Dates and names involved
✅ Step 4: Agency Investigation
- The agency has 180 days to investigate.
- They’ll gather statements, documents, and witness interviews.
- At the end, they give you:
- A Report of Investigation (ROI)
- A Notice of Right to Request a Hearing or Final Agency Decision
✅ Step 5: Request a Hearing (Optional)
- File with the EEOC if you want a hearing before a judge.
- If not, you can ask the agency to issue a Final Agency Decision based on the record.
✅ Step 6: EEOC Decision or Appeal
- If the EEOC finds discrimination, they can order:
- Back pay
- Reinstatement
- Attorney fees
- Other remedies
- Either party can appeal to the EEOC’s Office of Federal Operations (OFO).
- If unsatisfied, you can sue in federal court.
🛡️ What NAIL Can Help You With:
- Legal advice at every stage (for Elite members)
- Preparing your written complaint
- Attending interviews or mediation
- Reviewing the agency’s report
- Representing you in an EEOC hearing
🧠 Common EEO Complaints Include:
- Discrimination based on:
- Race
- Sex
- Age (40+)
- Disability
- Religion
- National origin
- Sexual orientation or gender identity
- Retaliation for filing a prior complaint