Federal Sector EEO Investigations
Federal Sector EEO
If you are a federal employee and you suspect you are discriminated against in the workplace, you have a few options. You can file a discrimination complaint, request mediation, or seek a hearing before an administrative judge. However, your ability to navigate these complicated procedures may be hampered if you do not have an attorney on your side.
First, you must notify the Federal sector EEO Investigations Office that you wish to file a complaint. The EEO Counselor will send you a Notice of Rights. This document will outline your rights, such as a right to request a hearing, to submit your complaint to an administrative judge, and to have the agency issue a decision within thirty days.
Next, you must submit your paperwork and provide any requested documents to the investigator. An investigator will interview you, ask you for other documents, and gather any evidence that supports your complaint. At the end of the process, the investigator will prepare a Report of Investigation that includes a summary of the findings.
Federal Sector EEO Investigations
An EEO investigator should be able to write clearly and without errors, and should demonstrate excellent attention to detail. In addition, he or she should be a lawful permanent resident. Additionally, an investigator should be able to work 9:00 am – 6:00 pm, Monday through Friday. During the investigation, he or she should be able to collect any relevant evidence, regardless of the position of the parties.
While a federal EEO complaint process should be standardized, the actual steps involved in filing a complaint are often complex. Fortunately, if you have an experienced employment attorney, he or she can guide you through the procedure. Aside from ensuring deadlines are met and advising on issues like rebuttals to agency witnesses’ statements, a lawyer can also help you answer any written questions the investigator may have.
If your complaint is denied, you can file an appeal to the U.S. federal court of appeals. In the meantime, you can also file a retaliation complaint. Retaliation complaints are filed by federal employees who are allegedly subjected to discrimination, harassment, or retaliation for filing a discrimination complaint.
A federal employee who files a discrimination complaint or claims of retaliation should seek legal counsel as early in the process as possible. An attorney can assist with determining which information to present, and which documents are required, and can advise you on extension requests. He or she can also attend the interview, and can help you answer any questions the investigator might have.
Lastly, an experienced employment attorney can be your best advocate throughout the entire EEO process. While an attorney is invaluable, an attorney cannot replace a good EEO investigator, and should not be relied upon for everything.
Whether you are a federal employee or a member of the public, it is important to know your rights during the EEO process. It is vital to note that, even though you can seek a formal hearing before an administrative judge, you do not have a guarantee that your case will be decided in your favor.