Federal Sector Reform Proposal

Filing of Complaint with Agency:

Counseling and ADR: Federal employees or applicants who believe they have been discriminated against may file a complaint with the alleged discriminating agency within 45 days of the date of the alleged discriminatory event. The agency will have 60 days to provide counseling to the complainant and to attempt to resolve the complaint through ADR. If the complaint is not resolved, the agency will issue a notice of final action indicating that the attempt to resolve the claim did not succeed.

Notice of Final Action: The agency notice of final action will inform the complainant of the right to file an appeal with EEOC or file a lawsuit in federal district court. If the agency fails to issue a notice of final action at the end of the 60 day agency period, the agency will be deemed to have taken final action, and the complainant may appeal to EEOC.

Mixed Cases: If the complaint involves a "mixed case" (allegations of discrimination raised about a matter that is appealable to the Merit Systems Protection Board, e.g., demotion, termination, or suspension for more than 14 days) the agency notice of final action will inform the complainant of the right to appeal to the MSPB for a hearing. Mixed case complainants will also have the right to appeal the MSPB decision to EEOC and receive a decision on appeal, as under the current process.

Appeal to EEOC:

Complainants may appeal to the closest EEOC field office within 30 days of receipt of an agency notice of final action or any time after the agency's 60 day processing time has run but no notice of final action has been issued.

Intake and Prioritization: EEOC will do its standard intake process, including, as appropriate, interviewing the complainant, asking the complainant to fill out an intake questionnaire, and EEOC personnel will begin to evaluate the claim for purposes of giving it an A, B or C assessment rating, as is done for private sector charges. Complaints that receive C ratings will be dismissed with a decision indicating that EEOC has determined that further investigation of the complaint will not likely lead to a finding of discrimination.

Mediation and Investigation: EEOC will mediate A and B complaints as appropriate and will investigate those complaints as appropriate, as well. EEOC will issue decisions on A and B complaints, finding no discrimination, or finding that discrimination occurred and ordering appropriate relief.

Decisions: EEOC decisions will inform complainants of the right to go to federal district court within 90 days of receipt of the decision. Complainants may also go to court any time after 180 days from filing the appeal with EEOC if EEOC has not issued a decision. Complainants may seek de novo review of their claims in court or enforcement of a finding of discrimination and order of relief.