Complainant's Notification of Rights

 

Informal EEO Complaints

The USDAs Informal Complaint System covers individual and class complaints of discrimination based on race, color, religion, sex (including gender identity and expression) , national origin, age (must be at least 40), physical or mental disability, sexual orientation, marital or familial status, political beliefs, parental status, receipt of public assistance, genetic information, or retaliation. 
Any employee or applicant for employment may file a complaint. To initiate a complaint, the Complainant must contact the EEO Counselor that services the agency or office which is believed to be responsible for the discrimination within 45 calendar days from the date of the alleged discriminatory act, event, or personnel action.

Complainants may have a representative of their choice at any stage during the complaint process, provided that the representative does not involve a conflict of interest or conflict of position. Reprisal is prohibited from being taken against individuals that participate in EEO activity. Additionally, every individual that contacts an EEO Counselor is entitled to anonymity and confidentiality.

Complainants have:

  • The right to remain anonymous in the counseling phase of the complaint unless waived or mediation is requested. 
  • The right to obtain representation throughout the complaint process including the initial contact and counseling stage. The Complainant must immediately inform the EEO Counselor, the Employment Complaint Adjudication Division or EEOC, as appropriate, if representation is obtained.  
  • The right to receive a notice terminating counseling (within 30 calendar days from the date of initial contact) if the complaint is not resolved; unless, the complainant agrees in writing to extend the counseling period for an additional 60 days or participates in Alternative Dispute Resolution. Informal counseling may not go beyond 90 calendar days. 
  • The right to elect between the negotiated grievance procedure and the EEO complaint procedure.
  • Where an Agency is covered by 5 U.S.C. 7121(d) and where the negotiated procedure and the statute covers the alleged discrimination, as an aggrieved individual would be required to elect either: 1) the statutory procedure for discrimination; the internal agency EEO process; or 2) the negotiated grievance procedure, but not both.  
  • The right to election requirements in the event that the matter at issue is appealable to the Merit System Protection Board, i.e., the matter is a mixed case.
  • Twenty (20) calendar days from the date of the alleged discriminatory act to file a mixed case appeal with the Merit Systems Protection Board (MSPB) or fifteen (15) calendar days from the date of a counselor's notice of final interview or 30 calendar days after the initial EEO Counselor contact to file formal mixed case EEO complaint. The Complainant may not file both an MSPB appeal and EEO complaint on the same matter. The process selected first is deemed the elected process.  
  • The right to file a notice of intent to sue when age is alleged as basis for discrimination and the right to file a lawsuit under the ADEA instead of an administrative complaint of age discrimination, pursuant to section 1614.201(a). 
  • The right to go directly to U.S. District Court on claims of sex based wage discrimination under the Equal Pay Act. Such claims are also cognizable under Title VII.  
  • The right to file a formal complaint within 15 days of receipt of the Counselor's “Notice of Right to File” a Formal Complaint.
  • The right to a hearing before an Equal Employment Opportunity Commission Administrative Judge in a non-mixed case after 180 days or after completion of the investigation, whichever comes first.
  • The right to go to U.S. District Court 180 days after filing a formal complaint, or 180 days after filing an appeal.  
  • The duty to mitigate damages, e.g., that interim earnings or amounts which could be earned by the individual with reasonable diligence generally must be deducted from an award of back pay. 
  • The right to file two or more complaints, but the agency may consolidate the complaints and give appropriate notice in accordance with 29 CFR 1614.606. When a complaint has been consolidated with one or more prior complaints, the agency shall complete its investigation within the earlier of 180 days after the filing of the last complaint or 360 days after the filing of the original complain
  • The duty to keep the Agency and EEOC informed of current mailing address and to serve copies of the appeal papers on the Agency.

NOTE: Only matters raised during the informal counseling stage, or matters like or related to matters raised during the informal counseling stage, may be the subject of a formal complaint.

Time frames in this notification are stated in calendar days.

*Limited Confidentiality: The Office of Civil Rights is committed to ensuring confidentiality regarding discussions with employees.However, to facilitate the investigation process, it may be necessary to contact immediate supervisors, co-workers or bargaining unit officials. Complaint settlement agreements may be subject to review by the Agency's Unions.

Formal EEO Complaint Processing

  • Must be submitted in writing within 15 days from receipt of the Notice of Right to File.
  • Must be sufficiently precise to identify the aggrieved individual and agency and must generally describe the action(s) or practice(s) that form the basis of the complaint.

Investigations

  • Must be completed within 180 days from when the complaint was filed.
  • Agency must provide the complainant with a copy of the report of investigations.
  • The right to a hearing before an Equal Employment Opportunity Commission Administrative Judge in a non-mixed case after 180 days or after completion of the investigation, whichever comes first.  
  • The right to go to U.S. District Court 180 days after filing a formal complaint, or 180 days after filing an appeal, if no decision has been issued on the appeal. 
  • The duty to mitigate damages, e.g., that interim earnings or amounts which could be earned by the individual with reasonable diligence generally must be deducted from an award of back pay.