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Discrimination Complaint Filing
Discrimination Complaint Filing by USDA Customers
USDA prohibits discrimination against its customers. If you believe you experienced discrimination when obtaining services from USDA, participating in a USDA program, or a program that receives financial assistance from USDA, you may file a complaint with USDA. OASCR, through the Office of Adjudication, will investigate and resolve complaints of discrimination in programs operated or assisted by USDA.
USDA prohibits discrimination on the bases of race, color,
religion, sex, age, national origin, marital status, sexual
orientation, familial status, disability, limited English
proficiency, or because all or a part of an individual's income
is derived from a public assistance program. In programs that
receive Federal financial assistance from USDA, discrimination
is prohibited on the bases of race, color, religious creed,
sex, political beliefs, age, disability, national origin,
or limited English proficiency. (Not all bases apply to all
programs.) Reprisal is prohibited based on prior civil rights
activity.
To file a program discrimination complaint, please complete
the USDA
Program Discrimination Complaint Form. You or your authorized
representative must sign the complaint form. You are not required
to use the complaint form. You may write a letter instead.
If you write a letter, it must contain all of the information
requested in the form and be signed by you or your authorized
representative. Incomplete information will delay the processing
of your complaint.
Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).
Send your completed complaint form or letter to us by mail,
fax, or email. Here are our addresses and fax number:
Mail
U.S. Department of Agriculture
Director, Office of Adjudication
1400 Independence Avenue, SW
Washington, DC 20250-9410
Fax
(202) 619-6853
E-mail
program.intake@usda.gov
For help filling out the form, you may call any of these
telephone numbers:
(202 260-1026 (Local)
(866) 632-9992 (Toll-free Customer Service)
(800) 877-8339 (Local or Federal relay)
(866) 377-8642 (Relay voice users)
Click on the topics below for detailed information.
How do I request a waiver of the 180-day filing deadline?
Whom may I contact for further information on filing a program discrimination complaint?
How is my discrimination complaint processed?
How do I request a waiver of the 180-day filing deadline?
A waiver may be granted for the following reasons: (1) the
discriminatory act could not reasonably be expected to be
known within the 180-day period; (2) illness or incapacitation;
(3) the same complaint was filed with another Federal, state,
or local agency; and (4) any other basis determined by the
Director of the Office of Adjudication.
You may contact the Office of Assistant Secretary for Civil Rights, Information Research Service, on (866) 632-9992 (toll free) or (202) 260-1026 or send an email to the Office of the Assistant Secretary for Civil Rights at CR-INFO@ascr.usda.gov. Individuals who are deaf, hard of hearing, or have speech disabilities, may contact us through the Federal Relay Service on (800) 877-8339 or (800) 845-6136 (Spanish)..
Filing a USDA program discrimination complaint does not waive
or toll requirements for filing a lawsuit. Complainants are
advised that they may wish to consult a lawyer at their earliest
convenience to ensure that their rights are protected and
preserved.
Intake Stage
The first stage of the program discrimination complaint process
is the intake stage. At this stage, the Office of Adjudication
determines whether your complaint meets the legal requirements
to be accepted for processing. Prior to making this determination,
the Office of Adjudication may request clarification or additional
information about the complaint from you. For more information
about what must be included in your complaint, read How
To File A Program Discrimination Complaint.
If your complaint is not accepted for processing, the Office
of Adjudication will send you a letter notifying you why your
complaint was not accepted and your complaint will be dismissed.
If appropriate, your dismissed complaint may be referred to
an agency or forum that may assist in resolving the issues.
In this case, you will also be notified of the referral.
If your complaint is accepted for processing, the Office of
Adjudication will send you a letter to notifying you of the
acceptance and inform you of the issues that will be investigated.
The USDA agency that your complaint is against will be required
to prepare a written statement giving their position regarding
your complaint. After the agency's position statement is received,
the case will be sent to the next stage, investigation.
Investigation Stage
During the investigation stage, the Office of Adjudication
will assign an investigator to the complaint. The investigator
will contact you, any agency employees involved, and any other
appropriate individual, to obtain sworn statements and documents
relating to the issues in the complaint. After the complaint
is investigated, a Report of Investigation is prepared and
the complaint is sent to the next stage, adjudication. The
complainant may obtain a copy of the Report of Investigation,
after the complaint is closed, by making a request under the
Freedom of Information Act.
Adjudication Stage
During the adjudication stage, the Office of Adjudication
will review the Report of Investigation and perform a legal
and factual analysis of the complaint to determine whether
discrimination occurred. Based on this analysis, the Office
of Adjudication will issue a Final Agency Decision. The Final
Agency Decision will contain an analysis of the claims in
the complaint and the Office of Adjudication conclusions and
findings, including whether discrimination was found.
If discrimination is found, the Office of Adjudication may
attempt to settle the complaint or take other corrective action,
as appropriate. If no discrimination is found, the complaint
is closed. A copy of the Final Agency Decision will be mailed
to the complainant after it is signed by the Director of the
Office of Adjudication.
If your complaint alleges discrimination based on disability,
you may appeal the Final Agency Decision to the Assistant
Secretary for Civil Rights within 90 days of receipt of the
Final Agency Decision. This opportunity for appeal applies
only to complaints alleging discrimination based on disability.
NOTE
In complaints alleging discrimination in certain USDA programs
or those falling under the authority of other government agencies
or departments, the complaint may be is processed in accordance
with a Memorandum of Understanding. In those instances, the
procedure used to process your complaint may be different
from the procedure described above. The procedure used will
be determined by the Memorandum of Understanding.