One of the most common questions we receive concerns the Federal Equal Employment Opportunity (EEO) complaint process. Yes, without question, the process can be confusing to the uninitiated and even the initiated at times. This is why there are numerous published EEO complaint process charts. Here, we present yet another. Previously, we provided a less colorful, but more explanatory version. The best explanation is likely the non-chart overview version the EEOC provides. Regardless, it is critically important complainants understand the process from all angles and associated timelines and burdens. Many EEO complaints are dismissed primarily for the following reasons: timeliness and failure to state a claim. If you are considering filing a complaint, you may want to first review two of our articles: Making initial contact and EEO Claims and Basis. In most instances, you will want to seek expert consultation if for no other reason than to under stand the process. There are also associated process implications depending upon the election of the Complainant.
As you read the process chart, note that the EEOC process is not reflective of a scientific methodology. For example, agency EEO counselors are known for having a wide-array of formal training and experience in processing EEO complaints. This means many EEO counselors will do things differently given the same set of facts and circumstances. Many will regard their respective role as passive whereas other may view their role more actively, and in some cases, even aggressively.
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