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Office of Resolution Management (ORM)

Dissatisfaction with the EEO Complaint Process

 

 

Question

Answer

What happens if I am dissatisfied concerning the processing of my EEO Complaint?

EEOC regulations provide that allegations of dissatisfaction with the processing of an EEO complaint, otherwise known as a Spin-off complaint, should not be treated as a new complaint, but should be incorporated into the pending complaint for disposition.

If you are dissatisfied with the processing of your EEO complaint, you should notify a Regional EEO Officer [Field Manager] within the Office of Resolution Management (ORM) before EEOC’s Administrative Judge (AJ) issues a decision on the complaint, the Office of Employment Discrimination Complaint Adjudication (OEDCA) issues a final agency decision, or ORM dismisses the complaint.

The Regional EEO Officer [Field Manager] will attempt to informally resolve the dissatisfaction. Your dissatisfaction and the Field Manager's response will be made a part of the EEO administrative file. 

What happens if my concerns are not resolved by the Field Manager

Your concerns may be mailed to the following address(es):
Department of Veterans Affairs
Office of Resolution Management
Deputy Assistant Secretary for Resolution
Management (08)
810 Vermont Avenue
Washington, DC 20420
OR
Department of Veterans Affairs
Office of Resolution Management
Office of Policy and Compliance (08B)
810 Vermont Avenue
Washington, DC 20420

What will happen after I have made my concerns known to the Deputy Assistant Secretary and/or the Office of Policy and Compliance?

Your concerns or complaints of dissatisfaction will be reviewed by the Office of Policy and Compliance (OPC), and appropriate action will be taken.  Your concerns, as well as the OPC’s response to your concerns of dissatisfaction, will be included as a part of the administrative complaint file.

EEOC regulations provide that allegations of dissatisfaction may be presented to the AJ if you elect an EEOC hearing.   If you do not request a hearing, you may present your concerns to the Office of Federal Operations on appeal following the final action on this complaint.

What happens if my concerns are not resolved by OPC?

If a dissatisfaction/spin-off complaint is not resolved, or you do not agree with the ORM’s remedy, you may present your concerns to the EEOC at the following processing stages:

a. If you have requested a hearing and the complaint is under the jurisdiction of the EEOC, you may present your concerns to the AJ before the AJ issues a decision on that complaint.

b. If you have not requested a hearing, you may present your concerns to EEOC’s Office of Federal Operations (OFO) on appeal upon receiving a Final Agency Decision (FAD).

What happens if EEOC determines that my complaint was improperly processed?

Where the AJ or OFO finds that ORM has improperly processed the original complaint and that such improper processing has had a material effect on the processing of the original complaint, the AJ or OFO may impose sanctions on ORM, as they deem appropriate.

If the AJ finds that ORM’s actions were inconsistent with its requirements under the 29 CFR §1614 regulations, but had no material effect on the processing of the complaint, at the AJ's discretion, the AJ may suggest that you, as the complainant, submit a letter to EEOC's Federal Sector Programs Department for consideration regarding ORM’s conduct.