The EEO Complaint Process - Informal Stage
In general, there are three stages to the Equal Employment Opportunity Commission (EEO) complaint process: the informal stage, the formal stage, and the decision stage. However, there are some key differences in the process for federal and non-federal/private employers, so as I discuss each stage of the complaint process, I make note of where those differences lie.
For a visual summary, see my Federal & Non-Federal EEO Complaint Process Flow Charts.
In general, the primary purpose of the informal stage is to seek a solution or resolution to the matter(s) that the Counselee (you) brings to the attention of the Counselor (your contact at the EEO) without the necessity of an investigation. Here are a few points that may help you know what to expect during this stage:
Initial Call with EEO Counselor
After contacting an EEO Office, an EEO Counselor will contact you for an initial phone call, as well as send you some general information on the EEO complaint process. The purpose of this call is to provide you with a brief overview of the EEO complaint process, as well as and your rights and responsibilities. Since EEO Counselors are well versed in the sensitive topic of sexual harassment, they are typically very patient and empathetic during these phone calls. Your EEO Counselor will likely arrange another phone call in a week to discuss your specific concerns.
Following this call, the EEO Counselor may send you the following documents to sign:
Counselee Rights and Responsibility - a document stating your rights and responsibilities during the EEO complaint process.
Designation of Representative - a document for you to list your legal representation.
Election of EEO Counseling or ADR - a document offering mediation as a form of alternative dispute resolution (ADR) in an effort to resolve your pre-complaint issue(s).
Waiver of Anonymity - a document waiving your right to remain anonymous during pre-complaint counseling.
Your EEO Counselor may also ask you to answer and send the following questions in preparation for your next call:
A brief summary of the alleged discriminatory incident(s).
The date of the alleged discriminatory incident(s) (if more than one incident, they will ask for the list of incidents in order of the oldest date to the most recent date).
The name(s), contact information, position and grade of the individual(s) who allegedly discriminated against you.
The date(s) and name of the individual(s) to whom you reported the harassment? What did they do?
An explanation as to why you believe the incident(s) to be discriminatory.
A description of any attempts/efforts you have made to resolve this matter(s) with the agency prior to contacting EEO (e.g. filed a grievance or MSPB appeal).
A resolution/remedy you are requesting to make you whole.
If you don’t have a legal representation in place by this point, I highly recommend doing so now. I found my attorney after my initial phone call with the EEC Counselor. If you do have an attorney in place, send your answers to the questions above to them for review before sending to the EEO Counselor.
Second Call with EEO Counselor (hopefully, with your attorney present)
The purpose of this call is to discuss your answers regarding your concerns of sexual harassment and/or retaliation. Ideally, you will have an attorney in place to also join this call. The EEO Counselor’s main objective during this call is to collect as much information as possible, so buckle up! They may ask you to provide additional dates, details, or additional examples of harassment.
Non-Federal EEO Complaint Process: At this point, the EEO Counselor will determine whether or not they believe you experienced discrimination.
If they find no cause of discrimination, you will receive a Notice of Right to Sue, meaning that you can pursue a lawsuit on your own.
If they do find cause for discrimination, they will attempt to resolve the situation directly with your employer in a process called mediation.
Claims and Charges
Federal EEO Complaint Process: Your EEO Counselor will help you generate your statement of claims. This is the official list of sexual harassment and/or retaliation offenses you are reporting.
Your Statement of Claims may look similar to this:
Claim 1: Whether the Counselee has been subjected to harassment on the basis of sex (female) when:
a. On (Insert Date), until on or about (Insert Date), the coworker made offensive remarks directed at the Counselee that belittled women. The majority of the coworker’s comments were aimed to correct/chastise the Counselee’s to make himself feel in control/superior and to make the Counselee feel inadequate. Other comments are overtly offensive. For example, the coworker stated “___.”
b. On (Insert Date), until on or about (Insert Date), the coworker constantly put his hands in pockets and touched his genitals when in front of the Counselee.
c. Etc.
Claim 2: Whether the Counselee has been subjected to harassment on the basis of retaliation (opposing sexual harassment) in addition to the foregoing claims when:
a. On (Insert Date) and ongoing, the (Supervisor) no longer greeted the Counselee or acknowledged her presence in the office, lectured her during telephone calls about issues that weren’t pertinent to her, and sent her emails correcting her for insignificant concerns;
b. On (Insert Date) the Supervisor announced during a management meeting that the Counselee would be leaving at the end of the third year of her four year contract.
c. Etc.
Non-Federal EEO Complaint Process: You will need to draft a Charge of Discrimination. Like a Statement of Claims, a Charge of Discrimmination is an official list of the sexual harassment and/or retaliation offenses you are reporting. You are responsible for filing a Charge of Discrimination through the EEOC Public Portal. Your attorney will also be able to help you draft your Charge of Discrimination.
Remedy
Your EEO Counselor will also ask you to provide your requested remedy(s) for which you are seeking to resolve the dispute. There is a range of “remedies” you can seek, ranging from a change in your office, position, supervisor, to monetary remedies. . Be sure to read through my points on EEO Remedies as you consider which remedy may be ideal for you. And keep in mind that your proposed list of remedies is just your starting point; your employer may counter with alternative remedies during mediation.
Alternative Dispute Resolution: Mediation
Before moving on to the formal stage of the EEO complaint process, your EEO Counselor will ask both you and your employer if you would like to pursue a possible resolution during the informal stage. Mediation is the most common method used, allowing you and your employer to informally discuss, and possibly resolve, your concerns. The decision to mediate is completely voluntary, and if either party declines a mediation, your complaint will be forwarded to an investigator. See my blog titled “Alternative Dispute Resolution: Mediation” for more information on this process.
Moving on to the Formal Stage
If you do not reach a resolution with your employer during mediation, then your concerns will progress to the formal complaint stage.
Federal EEO Complaint Process: The EEO Counselor will send you a Notice of Final Interview/Notice of Right to File letter. You will then have 15 calendar days of receipt of the letter to submit your written complaint and statement of claims. The formal stage of the process begins upon the filing of a formal complaint.
If you are experiencing, sexual harassment, retaliation, or any other form of workplace discrimination, feel free to reach out to me at hello@kendallsimon.com for support and guidance.
***Disclaimer: These are merely my recommendations based on my personal experience. I am not legally responsible for any decisions made based on the information provided.***