How Do I File an Equal Employment Opportunity (EEO) Complaint?

Background
It is the policy of the federal government to provide equal employment opportunity for all persons and to prohibit discrimination in employment. Any employee or applicant for employment who believes that they have been discriminated against because of their race, color, religion, sex, national origin, sexual orientation, age, physical or mental disability, and/or reprisal in an employment matter may file a complaint of discrimination with INS.

What is the Legal Foundation for Filing an EEO Complaint?
Several statutes have been enacted to enforce the obligation of equal employment opportunity and protect the rights of employees and applicants:

· Title VII of the of the Civil Rights Act of 1964 (as amended) prohibits individual and class discrimination in the federal government on the basis of race, color, sex, national origin, religion;
· The Age Discrimination in Employment Act specifically prohibits discrimination in the federal government on the basis of age when the complainant is 40 years of age or older;
· The Rehabilitation Act of 1973 (as amended) prohibits discrimination on the basis of disability and ;
· The Equal Pay Act prohibits sex-based wage discrimination. Retaliation prohibited by the above statutes is also prohibited.

Pursuant to 29 CFR ¤ 1614, INS has adopted procedures for processing individual and class complaints of discrimination.

Who May File a Complaint?
Any employee or applicant for employment who believes that he or she has been discriminated against because of race, color, religion, sex, national origin, sexual orientation, age, physical or mental disability, and/or reprisal in an employment matter including Equal Pay Act (EPA) complaints may file an individual complaint of discrimination. A group of employees, former employees or applicants for employment who believe that they have been or are being adversely affected by an agency personnel management policy or practice that discriminates against the group on the basis of race, color, religion, sex, national origin, sexual orientation, age, physical or mental disability, and/or reprisal may file a class complaint.

How Do I Make an EEO Complaint?
Employees and applicants with an EEO complaint must first have their complaint counseled. Counseling consists of an informal effort to resolve the complaint. Only after a complaint is counseled may a formal complaint be filed. You must contact a counselor within 45 days of the matter alleged to be discriminatory. To obtain a counselor, please click onto Locations of EEO Offices.

How Are Complaints Processed?
All complaints of discrimination are counseled in an attempt to find an informal resolution. If counseling does not produce a resolution, you will be given the opportunity to file a formal complaint. Pursuant to 29 CFR ¤ 1614, INS has adopted procedures for processing individual and class complaints of discrimination. If the complaint complies with 29 CFR ¤ 1614, it will be accepted and investigated. The investigation should be completed within 180 days of filing of the complaint. Within 30 days of the completion of the investigation, you may choose to have the merits of your claim considered by either an Administrative Judge at the Equal Employment Opportunity Commission (EEOC) or the Department of Justice, Complaint Adjudication Office (CAO). For a more detailed overview of the administrative processing of an EEO complaint, please see EEO Complaint Processing.

How Can I Appeal the Decision?
The Equal Employment Opportunity Commission Administrative Judge's initial decision is subject to rejection or modification by the Complaint Adjudication Office within 60 days after receipt. Decisions issued by the CAO can be appealed either to the EEOC's Office of Federal Operations or to the United States District Court.

Can Anyone Help Me?
For further information regarding federal EEO complaint processing, please see the EEOC Webpage .