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EEO Formal Complaint Processing Procedures
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The U. S. Department of Agriculture, Office of Civil Rights (OCR), Employment Complaints Division, is responsible
for processing formal complaints of discrimination.
Upon receipt of a formal complaint, OCR will analyze the complaint and make a determination on whether to accept
or dismiss the complaint. OCR notifies the Complainant and the Agency whether the complaint was accepted for
investigation or dismissed.
Once a complaint is accepted, an investigator is assigned by FSIS to investigate the complaint.
Following completion of the investigation, a Report of Investigation is provided to the Complainant and to the
Civil Rights Division, Office of the Administrator, FSIS.
The Complainant is given a choice between withdrawing the complaint, a final decision, or a hearing before an
Administrative Judge (AJ) from the Equal Employment Opportunity Commission (EEOC).
If a Complainant elects a final decision without a hearing, OCR will issue the decision. If the Complainant is
dissatisfied with the decision, an appeal may be filed with EEOC. Complainants who are dissatisfied with a decision
from EEOC may go to Federal District Court.
If the Complainant elects a hearing, the AJ issues a decision to both parties. USDA adopts the decision of the
AJ by issuing a final order. However, if the Agency does not plan to fully implement the AJ's decision, the Agency
must file an appeal with EEOC and give the Complainant his appeal rights.
If the Complainant is dissatisfied with the Agency's decision, he or she may file an appeal with EEOC.
The Civil Rights Division, Office of the Administrator, FSIS is responsible for tracking formal complaints, providing assistance as appropriate,
and coordinating activities which will facilitate the processing of formal complaints. This includes working closely
with investigators, Agency and Complainant representatives, managers, supervisors and employees during the processing
of complaints, to include attempts at resolution.
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Last Modified:
August 20, 2012 |
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