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Office of Resolution Management (ORM)

Subsequent EEO Complaints

The following are frequently asked questions concerning dissatisfaction with subsequent EEO complaints.

Question Answer
After filing a complaint of discrimination, can anything be done if I am subject to additional discrimination by my employing agency? Yes. Employees have a right to file an EEO complaint of unlawful discrimination or retaliation whenever the allegedly unlawful act occurs.
What is unlawful retaliation for filing an EEO complaint?

Federal employees’ right to engage in EEO activity – filing a complaint of discrimination, testifying in an EEO case, representing another employee in an EEO case—are all protected EEO activity.

If a supervisor or manager takes any action based on an employee’s protected activities, the employee may file an EEO complaint against the agency for retaliation for engaging in EEO activity.

How can I file a complaint concerning additional discrimination or retaliation for filing a complaint or engaging in other EEO activity? You may:
• Initiate contact with an EEO counselor to begin a new complaint;
• Amend your existing EEO complaint; or
• Ask the administrative judge hearing your complaint to consider your new allegations of discrimination.
How soon do you have to file any additional complaint of discrimination? All claims of discrimination must be filed within 45 days of the allegedly discriminatory act or the right to proceed with the claim may be forfeited.
Can you clarify claims made in an earlier EEO complaint in a subsequent EEO complaint on the same issues? A complaint may choose to explain his allegations of discrimination in any manner he/she deems fit, but previous claims of discrimination will not be considered as new because they have been submitted in a subsequent complaint.
What is the effect of amending a previous EEO claim to add new allegations of discrimination? The time available to investigate the amended claim will be extended by an additional 180 days.
What is the effect on a new claim of discrimination if any efforts to settle an earlier claim of discrimination is amended into the second complaint? Then, any waiver of the initial claim may cause a waiver of the subsequent complaint depending upon the terms of any settlement agreement. If the new claim is not amended into the previous complaint, then settlement of the previous complaint will not affect the later complaint.
Who can you contact if you have questions regarding possible discrimination or unlawful retaliation following filing of an EEO complaint? You should bring any allegedly discriminatory or retaliatory conduct to the attention of your EEO counselor or investigator as soon as it occurs and in no event later than 45 days after it has allegedly occurred.

 

VA Form 4939 >