EEOC CLaims Process
... present to the individual their rights and responsibilities in writing. Those rights include the option of requesting a hearing before an EEOC administrative judge or an immediate final decision from the agency following its investigation of the complaint. The individual may also take the suit to court in lawsuit under the Age Discrimination in Employment Act. Alternative Dispute Resolution C.F.R. Section 1614.102(b)(2) An alternative Dispute Resolution Program, or ARD was required to be established in January 2000. Each agency must make ARD available for both the pre-complaint and formal complaint processes. Counselors must advise individuals when ADR is offered, they either chose to participate or choose counseling as an alternative. If the matter is not resolved in ADR within 90 days, a Notice of Final Interview must be issued giving the individual the right to proceed with a formal complaint. Complaints C.F.R. Section 1614.106(e) A complaint must be filed with the agency that allegedly discriminated against the individual within 15 days of receipt of the Notice of Final Interview. The complaint is a signed statement from the individual or an attorney that precisely outlines the complaint. The agency must acknowledge receipt of the complaint in writing and the date that it was filed. The acknowledgement must also advise if here are any amendments to the complaint. Dismissal of Complaints C.F.R. Section 1614.107 EEOC 4 Instead of hearing a case, it may be dismissed for the following reasons: (1) failure to state a claim or stating that the claim has been decided by the EEOC (2) failure to comply with time limits (3) filing a complaint that has not been brought to the attention of an EEO counselor (4) filing a claim based on pending civil litigation (5) the complaint is being pursued through negotiation or the Merit Systems Protection Board (6) the case is moot (7) the individual cannot be located (8) the individual cannot fails to provide information (9) complaining about a previously filed case (10) misuse of the EEO process. (2003). Investigations C.F.R. Section 614.108(b) Investigations are conducted by compiling fair and impartial records to make findings. The investigation must be completed within 180 days from the date that the claim was filed. An individual represented by an attorney may be offered resolution anytime after filing a complaint, but no later than the date an AJ is appointed to conduct a hearing. Appeals C.F.R. Section 1614.401 and 1614.402 Appeals must be filed with EEOC’s Office of Federal Operation (OFO). A decision on the final action of an appeal is based on a de novo review. An individual has 30 days to request that the agency reconsider its decision within 30 days receipt of the decision. Civil Actions C.F.R. Section 1614.409 A complainant must exhaust the administrative process in order to file a civil case under Title VII of the Civil Rights Act of 1964 or the Rehabilitation Act of 1973. Under the Equal Pay Act, a complainant may file civil action within 2 years. Age Discrimination in Employment Act, a complainant may proceed directly to a federal court after giving the EEOC notice of intent to sue. Filing a civil action terminates EEOC processing of an appeal. (2003). EEOC 5 Class Complaints C.F.R. Section 1614.204 The applicant who files a class complaint must seek counseling and be counseled just like an individual who files an individual ...