The EEOC: Federal Complaint Process

Jennifer Duke

February 3, 2016

For Federal Employees, the process for filing a complaint with the EEOC begins with your employing agency. The first step a federal employee must take is making contact with his or her employer's EEO office. The initial contact must be made within 45 days of the discriminatory event, and begins the informal stage of the EEO process.

During the informal EEO process a federal employee will complete EEO counseling with an EEO counselor employed by his or her employing agency. If no resolution is reached during the informal complaint process, the employee will be issued a Notice of Right to File. This Notice permits the employee to file a formal complaint of discrimination against the agency within 15 days of receiving the notice.

Once an employee files a formal complaint and the complaint is accepted, his or her employing agency will conduct an investigation into the complaint. During an investigation the employee can expect to provide testimony regarding his or her allegations. An investigator will be assigned to investigate the complaint and will interview the employee and request evidence supporting his or her claims. the investigator will also interview other witnesses and the management officials the employee has claimed are responsible for the discrimination being complained of.

When the investigator completes the investigation, a Report of Investigation will be issued. This Report outlines the findings of the investigation and is used to form the record as the complaint moves forward. At this time, the employee will be able to elect a hearing in front of an EEOC Administrative Judge, or seek a Final Decision from the agency based on the information contained in the record. If a hearing is requested, the complaint will be assigned to an Administrative Judge who will hear the case and issue a decision.

While the EEOC complaint process may seem straightforward, there are many details involved in the process which can impact the success of a complaint. It is important to ensure that a claim is properly framed, evidence developed, and that all deadlines are met. The experienced federal employee attorneys at Melville Johnson, P.C. are experts in guiding employees through the informal and formal EEOC complaint process. If you have filed an EEOC complaint or are thinking of filing a complaint, Melville Johnson, P.C. may be able to assist you. Call or message us today to discuss your situation and learn how we can assist you.

For more information about the EEOC, please visit the EEOC website

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

Back to Blog

what our clients are saying

“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.

“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.

“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.

“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.