Acceptance/Dismissal of Complaints
If the complaint is accepted, the Office of Diversity and Inclusive Workforce Management (ODIWM) will obtain the services of a contract EEO Investigator who will conduct a complete and impartial investigation of the complaint.
The entire complaint, or any portion of it, may be dismissed for one or more of the following reasons:
- failure to state a claim, or stating the same claim that is pending or has been decided by the agency or the EEOC;
- failure to comply with the time limits;
- filing a complaint on a matter that has not been brought to the attention of an EEO counselor and which is not like or related to the matters counseled;
- filing a complaint which is the basis of a pending civil action, or which was the basis of a civil action already decided by a court;
- where the complainant has already elected to pursue the matter through either the negotiated grievance procedure or in an appeal to the Merit Systems Protection Board;
- where the matter is moot or merely alleges a proposal to take a personnel action;
- where the complainant cannot be located;
- where the complainant fails to respond to a request to provide relevant information;
- where the complainant alleges dissatisfaction with the processing of a previously filed complaint;
- where the complaint is part of a clear pattern of misuse of the EEO process for a purpose other than the prevention and elimination of employment discrimination.
If some, but not all, of the claims in a complaint should be dismissed, the Service will notify the complainant in writing of the rationale for this determination, identify the allegations which will not be investigated, and place a copy of this notice in the investigative file. This determination shall be reviewable by an EEOC Administrative Judge (AJ) if a hearing is requested on the remainder of the complaint, but is not appealable until final action is taken by the DOI Office of Civil Rights on the remainder of the complaint.