Procedures for Processing Individual Complaints of Discrimination Based
on Race, Color, Sex (Including Sexual Harassment and Sexual
Orientation) Age, Religion, National Origin, Disability or
Reprisal
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Employee or Applicant contacts the OS EEO Office to request an EEO
Counselor
within 45 calendar days
of alleged discriminatory action -- incident or personnel action which gives rise to complaint. If personnel action, the OS EEO Office must be contacted within 45 calendar days
of its effective date. The EEO Counselor has 30 calendar days from
the initial interview to attempt informal resolution.
If final counseling interview is not completed within 30 calendar days,
the Counselor, on the 30th day, informs Complainant of right to file formal
complaint. Counseling may be extended if the matter is not resolved within
the 30 calendar days. Any extension of the counseling period may not exceed
an additional 60 calendar days.
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If informal resolution fails, the employee/applicant is issued a final
counseling report and a notice of rights. A formal complaint may be filed
with the Director, Office of the Secretary, Equal Employment Opportunity
Office, Room 510-B, Hubert H. Humphrey Building, 200 Independence Avenue,
S.W., Washington, D.C. 20201, within 15 calendar days of receipt of the
final counseling report and notice of rights.
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If the formal complaint is accepted for processing, an investigation
must be completed within 180 calendar days from the filing date. If the
complaint is dismissed, the Complainant is notified of the reasons for
dismissal and the right to appeal the decision to the Equal Employment
Opportunity Commission (EEOC).
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Once the investigation has been completed, the Complainant is provided a
copy of the investigative file. Within 30 days of receipt of the
investigative file, the Complainant has the right to request an EEOC hearing
or an immediate final decision by the Department's Director of EEO.
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A complaint may be resolved at any time. If a resolution is reached, a
written Settlement Agreement is prepared and signed.
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If the Complainant does not request a hearing or a final decision within
30 calendar days, the OPDIV (ASMB for OS) will issue the final decision.
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Upon receipt of a final decision, the Complainant may appeal to the EEOC
within 30 calendar days or may file a civil action in an appropriate U.S.
District Court within 90 calendar days.
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The Complainant may also file a civil action in an appropriate U.S.
District Court if (s)he has not received a final decision within 180 days of
filing a formal complaint; if no decision from the EEOC has been received
within 180 days of filing a notice of appeal with the EEOC; or within 90
days of receipt of EEOC's final decision.
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For information concerning class complaints of discrimination and/or
other matters concerning the processing of EEO complaints, please contact
the Office of the Secretary, Equal Employment Opportunity Office, Room
510-B, Hubert H. Humphrey Building, 200 Independence Avenue, S.W.,
Washington, D.C. 20201. The telephone number is (202) 619-1564 or TDD (202)
619-0557.
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