Complaints
Who can file an EEO Complaint?
Any employee, former employee, or applicant for employment who believes they
have been discriminated against on the basis(es) of race, color, religion, sex, national origin, age, physical or mental disability, reprisal, sexual orientation, status as a parent, or genetic information may file an EEO complaint.
What are the protected bases covered under the EEO process?
An EEO complaint may be filed on the basis of race, color, religion,
sex, national origin, age, physical or mental disability, sexual
orientation, status as a parent, genetic information, or retaliation for filing an EEO complaint or
participating in the EEO process.
What if my issue(s) are not associated with one of the protected bases described above?
There are other processes established within the FWS to deal with issues
not covered by one of the EEO bases. Contact your Regional Division of
Diversity and Civil Rights or Office of Human Resources.
When must allegations of discrimination be raised?
An individual must seek counseling with an EEO Counselor within 45
calendar days of the date of an alleged act of discrimination, or harassment.
What are the steps in the EEO process?
The first step in addressing allegations of discrimination is to seek
counseling with an EEO Counselor. Contact must be made within 45
calendar days of the alleged incident. The EEO Counselor has 30 calendar
days to conduct a limited inquiry
into the allegations, and attempt to resolve the matter at the level closest to the conflict. The individual seeking counseling may authorize an extension of counseling
up to 60 calendar days. If the issue(s) are not resolved within 30
calendar days (or any extension), the EEO Counselor issues the individual
a notice of final interview and right to file a formal EEO complaint.
What information should I present to the EEO Counselor?
When seeking counseling with an EEO Counselor, be prepared to make the
following statement: "I was treated differently because of my [basis(es)]
when on [date of event], the following happened [issue(s)]." Be
prepared to discuss what remedies could resolve the issue(s). Supporting
documentation and names of witnesses are also helpful information to
present to the EEO Counselor.
How do I contact an EEO Counselor?
Contact the Branch of Equal Opportunity and Diversity or your Regional Office of Diversity and Civil Rights.
What is the role of the EEO Counselor?
The EEO Counselor is a neutral. S/he is not an advocat or representative for you or management. The EEO Counselor will conduct a limited inquiry into the issue(s), and attempt early resolution.
What happens if my issue(s) are resolved in EEO counseling?
The resolution will be documented by the EEO Counselor in a Resolution
Agreement which is signed by the individual and a representative of
management. See Service's Settlement Authority Policy Manual Chapter for specific instructions for
processing resolution/settlement agreements.
Where do I file a formal EEO complaint?
Formal EEO complaints are filed with the Chief, Branch of Equal Opportunity and Diversity, at the Washington Office; Departmental Office of Civil
Rights (OCR); or the Secretary, Department of the Interior.
Am I allowed "official time" to work on an EEO complaint?
If the complainant is an employee of the agency, he/she shall have a reasonable amount of official time, if otherwise on duty, to prepare the complaint and to respond to agency and EEOC requests for information. Official time is measured in hours, not in days.
What happens after I file a formal EEO complaint?
Upon receipt of a formal EEO complaint, the Branch of Equal Opportunity
and Diversity will review the complaint for acceptability, and either
accept it for investigation or dismiss it. Once accepted for investigation,
an EEO Investigator is assigned to complete a thorough investigation
of the complaint. The FWS has 180 calendar days from the date you filed
the complaint to complete the investigation and provide you with the
Report of Investigation (ROI). You have 30 days from receipt of the ROI
to select one of the courses of action described in the
"election" notice: (1) HEARING: If you request a hearing
before the Equal Employment Opportunity Commission, you will have an
opportunity to present witnesses and evidence on your behalf to an Administrative
Judge; OR (2) FINAL AGENCY DECISION (FAD): The OCR will issue a final
decision on your complaint within 60 calendar days after receipt of your
notice of election for a final decision on the merits.
You may appeal the decision to EEOC within 30
days of your receipt of the final agency decision or notice of
dismissal. In lieu of an appeal with the EEOC, you may, within 90
calendar days of the date of your receipt of the final decision or
dismissal, file a civil action in an appropriate United States District
Court. Also, you may file a civil action 180 calendar days after you
filed your individual complaint if a final decision has not been issued
and you have not appealed to EEOC.
How do I obtain the status of a formal EEO complaint I have already filed?
To obtain status of a formal EEO complaint,
contact
the Washington Office of Equal Opportunity and Diversity.
