Informal and Formal Complaint Process

Federal EEO Process

Informal and Formal Complaint Process

Updated on 08/24/12 by EEO 21, LLC (

Acts of Harm / To better understand what kind of claims you can make, see Issues and Bases or How To Write A Complaint.
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Initial Contact with EEO Office / Phone contact is not advisable. Contact via fax, email, or certified or priority mail with delivery confirmation. Make sure you identify issues and basis to avoid dismissal later on and to establish timeliness of your claim. See Informal/pre-complaint process.
 / Within 30 days, unless extended by Complainant (not advisable).
EEO (final) Counseling/
Notice of Right to File a Complaint of Discrimination / Mediation, if elected, will automatically extend the 30-day counseling period to a 90-day period. Mediation is not advisable, as Agency usually does not seriously negotiate at this point. Choose “traditional counseling” to avoid mediation. See Settlement & Mediation.
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File a formal discrimination complaint / Within 15 days of receipt of the Notice of Right to File
 / The 180-day formal investigation period begins. Report of Investigation/Investigation File must be issued by EEO Office within the 180-day period, unless extended by Complainant (not advisable). See Formal Complaint Process.
Acknowledgment of Receipt of the formal Complaint / Within 15 days of filing a formal Complaint
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Notice of Acceptance or Dismissal of Claims
Issued by the EEO Director/Analyst / Within 30 day of filing a formal complaint. This is the most important Notice, which will later be referred by the Investigator during the investigation and by Admin. Judge (AJ) at the hearing. Issues not accepted will not be investigated by the Investigator or heard by the AJ.
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Rebuttal of Dismissal of Claims or Correction of Claims / Within 5 or 7 days of receipt of Notice of Acceptance/Dismissal
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Assignment of the Investigator
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Notice of Fact-Finding Conference/Interview or
Issuance of Affidavit Questionnaire
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Fact-Finding Conference/Interview or
Response to the Affidavit Questionnaire
Submission of supporting documents / Response to the Questionnaire must be submitted within 15 days of receipt. Can be extended usually upon request with good cause.
Submit your supporting docs even if the investigator does not ask. Leave a record of your submission with itemization of docs to ensure their inclusion into the Investigation File (IF), which will be compiled by the Investigator and by the EEO Office. Sometimes crucial docs are scattered within the thick IF; or displaced, misplaced, or even omitted from the IF.
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Issuance of Report of Investigation (ROI)
And the Investigation File (IF) / Within 180 days of filing a formal complaint unless extended by Complainant (not advisable).
Investigator writes a summary of what is contained in the IF. The summary is called Report of Investigation (ROI). The exhibit tabs containing the records and affidavits are called the Investigation File (IF). Both are referred to as ROI/IF or simply as ROI.
Investigator does not, cannot, and should not render a decision. If his or her role is presented otherwise, he or she is misleading you. ROI is not a decision or a finding of facts. It is only a summary of what has been gathered during the investigation.
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Request EEOC Hearing or Final Agency Decision / Within 30 days of receipt of the ROI. Mediation or withdrawal at this point is not advisable.