1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 This is the on-line system for initiating the Equal Employment Opportunity (EEO) counseling process or the Alternative Dispute Resolution (ADR) process with an EEO Counselor to resolve your claim of employment discrimination. For this to occur, the following conditions must be established: A complainant may ask for EEOC class certification at any reasonable point in the process when it becomes apparent that there are class implications to the claim raised in an individual complaint. Within 15 days of receipt of the request for a hearing, the agency must provide a copy of the complaint file to EEOC. 29 C.F.R. When a class complaint is accepted, the agency must use reasonable means to notify the class members of the acceptance of the class complaint, a description of the issues accepted as part of the complaint, an explanation of the binding nature of the final decision or resolution on the class members, and the name, address and telephone number of the class representative. 29 C.F.R. 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. An EEO Counselor is trained to conduct inquiries into allegations of discrimination in an effort to resolve the matter before a formal complaint can be filed. Important aspects of an effective EEO program are a strong affirmative employment program and a discrimination complaint processing system that facilitates the early informal resolution of complaints. Official websites use .gov 29 C.F.R. Usually, you must wait until the EEO Counselor has held a final interview with you before you can file a complaint. Louis DeJoy, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. A complainant who raises a claim under the Age Discrimination in Employment Act (ADEA) may bypass the administrative process by filing a notice of intent to sue with the EEOC at least 30 calendar days before filing a civil action in court. Find your nearest EEOC office Introduction; EEO Laws; Administrative Process for Complaints of Illegal Discrimination; Formal EEO Complaint Process; Requesting a Final Postal Service Decision or an EEOC Hearing Before the Postal Service Issues a Final Action; Appealing the Decision or Filing a Civil Action; Age Discrimination in Employment . For Deaf/Hard of Hearing callers: Kirk J. Angel is an employment attorney representing federal employees. No FEAR Act/EEO Contacts; Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. . Main Address: USPS Office of the Consumer Advocate 475 L'Enfant Plaza, SW Room 4012 Washington, DC 20260-2200. Service was the result of age discrimination and in retaliation for grievances filed against her supervisor. Within 60 days of receipt of the AJ's recommended decision on the merits of the class complaint, the agency must issue a final decision which either accepts, rejects or modifies the AJ's recommended decision. If a formal EEO complaint is filed, the grievance will be terminated. Sex (including pregnancy, sexual orientation, and gender identity). Section 1614.302. At any time after 180 calendar days from the filing of the formal complaint, most complainants may proceed without delay to request a hearing from the EEOC or file a civil action in U.S. District Court. Section 1614.401(c). Section 1614.201. ps form 2564-a. The agency's decision must contain notice of the complainant's right to appeal to the EEOC, or to file a civil action in federal court. Rules of evidence are not strictly applied to the proceedings. "a~HYt WUQmit>Y->V$pV_^# ;;6A&q;5D(rj 2(IE5)~ P{KV(. Persons covered by collective bargaining agreements which permit allegations of discrimination to be raised in the grievance procedure, and who wish to file a complaint or grievance on an allegation of employment discrimination, must elect to proceed either under the procedures of 29 C.F.R. Mixed case complaints are processed similarly to other complaints of discrimination, with the following notable exceptions: (1) the agency has only 120 days from the date of the filing of the mixed case complaint to issue a final decision, and the complainant may appeal the matter to the MSPB or file a civil action any time thereafter; (2) the complainant must appeal the agency's decision to the MSPB, not the EEOC, within 30 days of receipt of the agency's decision; (3) at the completion of the investigation the complainant does not have the right to request a hearing before an EEOC AJ, and the agency must issue a decision within 45 days. /*-->*/. The Specialist then recommends whether the Director of the OCRD should accept the claims in the complaint or should dismiss part or all of the complaint for procedural reasons. Delivery problems involving your mail or parcels (such as no delivery or late delivery, tracking questions, mis-deliveries, damaged mail, or similar concerns). div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} ps form 2565, eeo. A member of the group (the "class agent") may file a class complaint in writing with the CRC alleging discrimination against the class. 29 C.F.R. .manual-search ul.usa-list li {max-width:100%;} Secure .gov websites use HTTPS Contact: Contact the U.S. Under the Age Discrimination in Employment Act (ADEA), a complainant may proceed directly to federal court after giving the EEOC notice of intent to sue. * EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006. Section 1614.109(c). Something discriminatory has happened to you in the federal workplace, and you dont know whether to file an EEO complaint or a grievance about the matter. If, however, the counseling period ends and your EEO Counselor has not yet held the final interview, you have the right to file a formal complaint without having the interview. Copyright 2023 The Angel Law Firm, PLLC. A lock ( This election of remedies rule does not apply to certain federal employees, such as employees of the United States Postal Service. Theft, delay, or destruction of mail by Postal Service employees and contractors, Workers compensation fraud or other healthcare fraud, Internal affairs or complaints against executive personnel. ol{list-style-type: decimal;} 29 C.F.R. To be timely, you must mail your formal EEO complaint to the National Equal Employment Opportunity Investigative Services Office (NEEOISO) postmarked no later than 15 calendar days after you receive PS Form 2579, Notice of Right to File. The suit alleges that, for years, senior managers ignored complaints of "horrific racial discrimination," retaliated against Black employees who complained about on-the-job bias. However, all sexual assaults do not result in EEO complaints. Share sensitive Secure .gov websites use HTTPS Register Anyone filing a claim through this system needs a valid e-mail . Although the Postal Service qualified its response as pertaining only to EEO complaints, the inclusion of related . A complainant may amend a formal complaint (without seeking EEO counseling) at any time prior to the dismissal of the complaint or the conclusion of the investigation. Participation in the pre-complaint procedures of Part 1614 is not an election of the 1614 procedures. Section 1614.409. Schedule a Free Package Pickup. If the AJ finds that the proposed resolution is not fair to the class as a whole, the AJ will issue a decision vacating the agreement, and may replace the class agent with some other eligible class member to further process the class complaint. Class members include individuals with disabilities in permanent rehabilitation positions who allegedly had their duty hours restricted between March 24, 2000 and December 31, 2012. Official websites use .gov Postal Service Office of Inspector General (OIG) is an independent oversight agency, separate from the U.S. Mandatory fields are identified by an asterisk (*). Forms: Postal Service Forms. An agency may make an offer of resolution to a complaint, represented by an attorney or not, after the parties have received notice than an administrative judge has been appointed to conduct a hearing, but not later than 30 days prior to a hearing. An agency may make an offer of resolution to a complainant who is represented by an attorney at any time after the filing of a complaint, but not later than the date an AJ is appointed to conduct a hearing. The election requirement does not apply to employees of agencies not covered by 5 U.S.C. Such decision may be appealed to EEOC. Complaints may be amended to include issues or claims like or related to those raised in the original complaint. Read Read Attorney Analyses Analyses Citing Briefs Briefs Citing Cases Citing Cases Cited Authorities Cited . EEOC's regulations provide that, when a finding of discrimination against a class has been made, there is a presumption of discrimination as to each member of the class. 29 C.F.R. At a certain point, it may become evident that there are many more individuals than the complainant affected by the issues raised in the individual complaint. A complainant may amend a complaint at any time prior to the conclusion of the investigation to include issues or claims like or related to those raised in the complaint. Formal EEO Complaint Process Losing Your Right to Anonymity . Investigations are conducted by the respondent agency. Section 1614.105(d). You must have JavaScript enabled to use this form. 1-800-669-6820 (TTY) If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Counseling must be completed within 30 days of the date the aggrieved person contacted the agency's EEO office to request counseling. If you have more than one discrimination complaint against an agency, the agency's EEO Office must investigate your complaints together. If the discrimination involved a personnel action (for example, a demotion or firing), you generally must contact the EEO Counselor within 45 days of the day the personnel action takes effect. Accepted claims are assigned thereafter to an If you decide to file a formal EEO complaint, your identity will not be kept confidential during the formal complaint process. Call 1-800-669-4000 For Deaf/Hard of . W.j 7P_o The CRC is required to complete an investigation within 180 calendar days of receipt of the formal complaint, with a possible extension for 90 additional calendar days, upon mutual agreement by the CRC and complainant. Class members should expect to receive written notice concerning the claim procedure within the next month. Some employment actions which may be the subject of a discrimination complaint under Part 1614 may also be appealed to the Merit Systems Protection Board (MSPB). 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. 131 M Street, NE U.S.P.S., EEOC Appeal No. Step 1 of 5 0%. When you submit your complaint, you should include a short letter telling the EEO Office that the EEO counseling period has ended (including any extensions), and you have not yet been given a final interview. In order to have met the federal 2% participation rate goal, 12,904 IWTD were needed. 1-800-669-6820 (TTY) As of September 30, 2011, USPS employed 4,628 (0.72%) Individuals with Targeted Disabilities (IWTD). Find your nearest EEOC office A class agent may appeal a final decision on a class complaint..A class member may appeal a final decision on an individual claim for relief pursuant to a finding of class-wide discrimination. Please use the Hotline form to report matters involving: Please fill in as much information as possible. How do I file a whistleblower retaliation complaint with the Postal Service OIG? Section 7121(d), notably employees of the United States Postal Service. 29 C.F.R. Global AIDS Coordinator and Global Health Diplomacy, Special Presidential Envoy for Hostage Affairs, Special Representative for Syria Engagement, U.S. Security Coordinator for Israel and the Palestinian Authority, Office of the U.S. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. Part 1614 or the negotiated grievance procedures, but not both. Part 1614 may also file a civil action within the time frames noted above. Beginning January 1, 2000 all agencies were required to establish or make available an ADR program. 1-800-669-6820 (TTY) The Counselor makes whatever informal inquiry they believe is appropriate to define the issues and aids in resolving the complaint. Section 1614.102(b)(2). The election requirement does not apply to employees of agencies not covered by 5 U.S.C. 2022004190 (E.E.O.C. information only on official, secure websites. If complainant does not file an appeal with the OFO, they may file a civil action in an appropriate United States District Court within 90 calendar days of receipt of the final decision. Global Express Guaranteed , Priority Mail Express International , and Priority Mail International services include international tracking and some insurance. Any statement or brief on behalf of a complainant in support of an appeal must be submitted to OFO within 30 days of filing the notice of appeal. 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