Frequently Asked Questions
Who can file an EEO Complaint?
Any employee, former employee, or applicant for employment who
thinks they have been discriminated against may file an EEO
complaint.
Who is 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 and genetic
information are prohibited by law. Retaliation against an
employee for filing an EEO complaint or participating in the
EEO process is also prohibited.
What if my issue(s) are not
associated with one of the EEO 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
local Office of Diversity and Civil Rights or Human Resources
Office.
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. Some circumstances may permit allegations to
be raised after the 45 day time limit; see an EEO Counselor
for advice.
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.
What if I can't find an EEO Counselor
to provide counseling?
Visit the Staff Directory for contact
information.
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 provide advice on the EEO
process, conduct a limited inquiry into the allegations, and
seek to resolve the matter at the lowest level. The individual
seeking counseling may elect to extend counseling up to 60
calendar days. If the issues are not resolved within 30
calendar days (or any extension), the EEO Counselor gives the
individual a notice of right to file a formal EEO complaint.
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 Director's Order No. 123 for
specific instructions for processing resolution/settlement
agreements.
Where do I file a formal EEO
complaint?
Formal EEO complaints are filed with the Washington Office for
Diversity and Civil Rights, Director of the Service,
Departmental Office of Civil Rights or the Secretary -
Department of the Interior.
What happens after I file a formal
EEO complaint?
Upon receipt of a formal EEO complaint, the Washington Office
of DCR reviews the complaint and either accepts it for
investigation or dismisses the complaint. Once accepted for
investigation, an EEO Investigator is assigned to complete a
fair investigation of the complaint. The Service has 180
calendar days from the date you filed your 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
be allowed to present witnesses and evidence on your behalf to
an Administrative Judge; OR (2) FINAL AGENCY DECISION (FAD):
The OEO will issue a final decision on your complaint within
60 calendar days from the date of your receipt of the EEOC
Administrative Judge's recommended decision, or within 60 days
after receipt of your notice of election for a final decision
on the merits.
You may appeal the decision to EEOC within 60 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 DCR.
NOTE: Cases regarding age, mixed cases, negotiated agreements, and class complaints are handled somewhat differently. Contact your local DCR Office for more information.
