|
Informal (Pre-Complaint) Stage
Contact EEO Counselor
Aggrieved persons who believe they have been discriminated against must contact an ORM EEO counselor prior to filing a formal complaint. The person must initiate counselor contact within 45 days of the matter alleged to be discriminatory. An aggrieved person may seek EEO counseling by either calling 1-888-RES-EEO1 (1-888-737-3361) or 888-626-9008 (TDD) for more information. To avoid delay, call or write beforehand if you need special assistance, such as an interpreter, to file a claim. You may also visit the local ORM Field Office to seek counseling.
EEO Counseling
EEO counselors provide information to the aggrieved individual concerning how the federal sector EEO process works, including time frames and appeal procedures, and attempt to informally resolve the matter. At the initial counseling session, counselors must advise individuals in writing of their rights and responsibilities in the EEO process, including the right to request a hearing before an EEOC administrative judge or an immediate final decision from the agency following its investigation of the complaint. Individuals must be informed of their right to elect between pursuing the matter in the EEO process and a grievance procedure (where available) or the Merit Systems Protection Board appeal process (where applicable). The counselor must also inform the individuals of their right to proceed directly to court in a lawsuit under the Age Discrimination in Employment Act, of their duty to mitigate damages, and that only claims raised in pre-complaint counseling may be alleged in a subsequent complaint filed with VA.
Counseling must be completed within 30 days of the date the aggrieved person contacted ORM to request counseling. If the matter is not resolved in that time period, the counselor must inform the individual in writing of the right to file a discrimination complaint. This notice ("Notice of Right to File a Complaint of Discrimination") must inform the individual that a complaint must be filed within 15 days of receipt of the notice, identify the VA official with whom the complaint must be filed, and of the individual's duty to inform the agency if he or she is represented. The 30-day counseling period may be extended for an additional 60 days: (1) where the individual agrees to such extension in writing; or (2) where the aggrieved person chooses to participate in an ADR procedure. If the claim is not resolved before the 90th day, the Notice of Right to File a Complaint of Discrimination described above must be issued to the individual.
Alternative Dispute Resolution (ADR)
At the initial counseling session, counselors must advise individuals that, where VA agrees to offer ADR in a particular case, the individual may choose between participation in the ADR program and EEO counseling. As noted above, if the matter is not resolved in the ADR process within 90 days of the date the individual contacted ORM, a Notice of Right to File a Complaint of Discrimination must be issued to the individual giving him or her the right to proceed with a formal complaint. Additionally, ADR is available throughout the entire EEO complaint process. For a more detailed explanation of ADR, see ADR.
|
