Rights and Responsibilities during the EEO Administrative Complaint Process
RIGHT to:
- Remain anonymous during the informal process
- A representative (Representatives may be an attorney or non-attorney)
- A reasonable amount of official time to present the complaint and to respond to requests for information
- Request to participate in traditional counseling or elect alternative dispute resolution (ADR).
- Participate in the mediation process at any time during the formal complaint process before requesting a hearing or Final Agency Decision.
- Amend the original formal complaint at any time prior to the conclusion of the investigation to include issues or claims that are like and related to those alleged in the original complaint.
- Request a Final Agency Decision based on the investigative report or to request a hearing before an EEOC administrative judge.
- File a motion with the EEOC administrative judge to amend the complaint at the hearing stage.
- Appeal the outcome of the Final Agency Decision to the EEOC; or, in the case of a hearing the right to appeal the Agency’s final order.
RESPONSIBILITIES
To avoid any undue delay in processing, individuals are required to fulfill the following responsibilities:
- Meet the required time frames at each stage of the process.
- Provide a written explanation if a complaint is not filled within the required 15 calendar days of the alleged discriminatory occurrence.
- Cooperate with all EEO officials during the entire EEO process.
- Provide a prompt response to requests for information.
- Notify the Agency of current addresses and telephone numbers; and, if they have a representative, provide the represented current contact information