Return
to the "POINTER VIEW"September 27, 2002
Return
to the "POINTER VIEW"
September
27, 2002
By Michael Bilello
EEO Manager
A visit or phone call to the EEO Office does not constitute the filing of a complaint. Once you participate in an "intake session" with the Complaints Manager, and sign the intake form, then you have actually started the formal process.
The complaint process is as follows:
1) Pre-Complaint Stage -- The aggrieved person must bring the alleged discrimination (which is based on race, color, religion, national origin, age, disability or reprisal) to the attention of the EEO Office within 45 calendar days and participate in the intake process with the Complaints Manager.
The pre-complaint is assigned to an EEO Counselor, who has 30 calendar days to conduct an inquiry. The inquiry consists of interviews conducted by the counselor with the person filing the pre-complaint, management officials and relevant witnesses.
The pre-complaint stage is concluded with a final interview between the counselor and the aggrieved party. During this interview, the aggrieved party is informed of management’s response to the allegation(s), informed verbally and in writing of the right to file a formal complaint within 15 calendar days and provided with the necessary form to file a formal complaint.
The pre-complaint stage could also be concluded with the signing of a Negotiated Settlement Agreement. The NSA is not considered fully executed until the aggrieved and management are in agreement -- and have signed -- the terms.
A possible alternative to EEO counseling is Alternative Dispute Resolution. With ADR, a mediator would be assigned to facilitate a discussion between the aggrieved and management, with goal of settling the pre-complaint. Each pre-complaint is assessed to determine if it appropriate for ADR. In order for ADR to occur, both the aggrieved and management must agree to participate.
2) Formal Complaint Stage -- If the aggrieved party elects to file a formal EEO complaint, he or she must complete DA Form 2590-R and submit it to the EEO Office within 15 calendar days of the date of the final interview.
The Equal Employment Manager will either accept or dismiss the complaint. Acceptance and dismissal are not based on the merits of the complaint, but on such procedural things as timeliness and EEO purview. If a complaint is accepted, the EEO Office will request assignment of an investigator from the Office of Complaint Investigations.
OCI will assign an investigator, who will typically come onsite to conduct a fact-finding conference with the aggrieved, management and designated witnesses.
Using a transcript containing sworn testimony from all those involved, the investigator will issue a Report of Investigation. If the aggrieved does not concur with the ROI, he or she may request a hearing from the Equal Employment Opportunity Commission. If the EEM dismisses the complaint, the aggrieved may appeal that dismissal to the EEOC.
3) EEOC Hearing -- If the aggrieved requests an EEOC hearing, an Administrative Law Judge will be assigned to the case and a hearing will be scheduled. If the aggrieved does not concur with the outcome of the hearing, he or she may file a civil suit in U.S. District Court.
4) U.S. District Court -- This is the last stop on the journey of an EEO complaint. The outcome of the civil suit is final, and it concludes the EEO complaint.
It is important to remember that each phase of the process must be followed completely before moving to the next phase. If you have any questions, please call 938-8193.