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 Overview of the EEO Complaint Process
(01/20/2010)Federal statutes identify the bases of employment discrimination that are unlawful; however, the statutes do not describe the steps that must be taken in pursuing employment discrimination claims. Congress has delegated the authority to implement complaint processing procedures to the federal Equal Opportunity Commission (EEOC). The EEOC has set forth administrative processes for employment discrimination claims against the federal government. With regard to most Federal departments or agencies, these procedures are found in the Code of Federal Regulations (CFR), 29 CFR Part 1614. This administrative process involves informal counseling, in which the focus is on early resolution of the matter; a formal complaint stage, during which an investigation of the matter may be conducted; a hearing before an administrative judge (AJ) with the EEOC, at the election of the person alleging discrimination, known as “complainant” (unless the complaint involves actions that fall within the jurisdiction of the Merit Systems Protection Board (MSBP)); and any appeal of a final administrative action on the complaint filed with the Office of Federal Operations of the EEOC by either the complainant or the government agency involved. Once the administrative process is completed, or 180 days after the filing of a formal complaint if final agency action has not been rendered, complainants are said to have “exhausted administrative remedies,” and they may then take their claims to an appropriate federal district court.The EEOC procedures set forth in 29 CFR Part 1614 apply to the Department of Homeland Security (DHS). While the DHS Office of Civil Rights and Civil Liberties (CRCL) in Washington, D.C. oversees the EO complaint process for all components of the DHS, the CRCL has delegated to the DHS components, including CBP, the primary responsibility for implementing the EEOC procedures with regard to complaints arising out of each respective component. Within CBP, informal counseling is handled by EO offices located in numerous sites throughout the United States, and formal complaints are filed with, and investigated by, the CBP Complaints Processing Center in Oakland, California. Hearings and appeals of formal complaints are controlled by district offices of the EEOC, also located in various sites throughout the country. Other Links |
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