Procedure for processing individual complaints of discrimination based on race, color, religion, sex, national origin, age, physical or mental disability, and/or reprisal for protected EEO activity.
- You must contact the EEO Office within 45 calendar days of an alleged discriminatory act or the date you became aware of the alleged discriminatory act.
- An EEO official or counselor must be consulted before a formal complaint is filed.
- You may pursue a discrimination complaint under the Merit Systems Protection Board (MSPB) appeal procedure without using the federal sector EEO complaint process. This procedure is available to you only if the alleged discriminatory action can be appealed to the MSPB. This type of claim is referred to as a "mixed case" because it contains an action that may be appealed to the MSPB and alleges the action was discriminatory.
- For information on the administrative grievance process, please contact your servicing civilian personnel representative.
SUMMARY OF EEO COMPLAINTS PROCESS
Precomplaint Process
- Individual selects Alternative Dispute Resolution or request an EEO counselor
- Counselor makes inquiry into allegations by collecting information and attempting resolution.
- EEO office issues a Notice of Right to File (NORF) a formal complaint of discrimination if matter is not resolved.
Formal Complaint Process
- Upon receipt of NORF, individual has 15 calendar days to file a formal complaint.
- EEO Officer reviews complaint for acceptance or dismissal in accordance with 2p CFR 1614.
- If accepted, the EEO Office requests an investigation.
- Investigation conducted and complainant provided with a copy of investigative report.
- Complainant notified of right to request EEOC hearing or Final Army Decision.
- Army makes Final Army Decision based on the case file.
-- OR --
- Upon receipt of NORF, individual has 15 calendar days to file a formal complaint.
- EEO Officer reviews complaint for acceptance or dismissal in accordance with 2p CFR 1614.
- If accepted, the EEO Office requests an investigation.
- Investigation conducted and complainant provided with a copy of investigative report
- Army makes FInal Army Decision based on the case file.
- EEOC Administrative Judge makes decision and Army takes final action.
- Complainant has right to file an appeal on Army's final decision or final action to EEOC.