Formal Complaint Process

The filing of a formal complaint of discrimination begins the second phase of the EEO Administrative Complaint Process.

• All formal complaints must be filed within 15 calendar days from receipt of the Notice of Right to File a Formal Complaint;

Once the formal complaint has been filed:

• An acknowledgement of receipt of the formal complaint will be issued;
• A letter delineating the issue(s) and identifying which claims will be accepted for investigation, or dismissed will be issued.

Note: Alternative Dispute Resolution is available at any time during the FORMAL Complaint Process

EEO Investigations

All accepted claim(s) will be forwarded for investigation:

• The investigation shall be completed within 180 calendar days of the date the complaint was filed unless claim(s) are amended;
• Upon completion of the investigation, a report of investigation (ROI) will be issued;
  • When the ROI is issued, a notice will be issued with instructions on how to make an election of:
    • A Hearing (where a decision will be issued by an EEOC Administrative Judge (AJ); or
    • An immediate Final Agency Decision (FAD) without a hearing issued by the OMWI Director.

Hearings

If a hearing is requested, the request must be filed directly to the U.S. Equal Employment Opportunity Commission (EEOC), with a copy of the hearing request provided to the FDIC Equal Opportunity Compliance and Training Branch.

Final Agency Decisions (FAD)

A FAD without a hearing may be requested within 30 calendar days of receipt of the ROI to the FDIC Equal Opportunity Compliance and Training Branch.

Appeals

An appeal of a FAD dismissing a complaint can be filed with the EEOC within 30 calendar days of receipt of the decision.

Civil Action

A civil action may be filed after 180 days from the date of filing an individual or class complaint, If an appeal has not been filed and final action has not been taken, and within 90 days of receipt of the EEOC final decision on an appeal.