In contrast to non-mixed matters, individuals who wish to file a civil action in mixed- case matters must file within 30 days (not 90) of receipt of: (1) the agency's final decision; (2) the MSPB's final decision; or (3) the EEOC's decision on a petition to review. Nov. 16, 2022) Copy Cite . 1-800-669-6820 (TTY) . Usually, you must wait until the EEO Counselor has held a final interview with you before you can file a complaint. The investigator makes no findings or recommendations, but has the discretion to determine relevant witnesses and documentation to include in the Report. An EEO Counselor, who is a neutral party, will be able to answer questions about the discrimination complaint process and explain available options for seeking resolution. Postal Service employees can also call the agency's EEO complaint hotline, where they'll receive a response within 24 hours. Section 1614.110(a); 29 C.F.R. 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. This time limit shall be extended where the aggrieved person shows that: he or she was not notified of the time limits and was not otherwise aware of them; he or she did not and reasonably should not have known that the discriminatory matter occurred; despite due diligence he or she was prevented by circumstances beyond his or her control from contacting the counselor within the time limits. While the Agency claimed that the employee (the Complainant) had stated in her affidavit that her EEO activity was not a factor in her claims, the EEOC found that there . Customer service issues (such as poor service, wait times, postal vehicle parking/driving complaints, or similar concerns). ) or https:// means youve safely connected to the .gov website. As such, an employee may not file a grievance, then withdraw the grievance and file an EEO complaint. A party may request that EEOC reconsider its decision within 30 days of receipt of the Commission's decision. ps form 2565, eeo. Section 1614.405(a). 29 C.F.R. 2022004190 (E.E.O.C. The EEO Counselor explains the EEO complaint process and informs the aggrieved individual about their rights and responsibilities. The following are covered bases under the EEO antidiscrimination laws: The informal EEO process primarily consists of EEO counseling. Retaliation due to opposition to discrimination or participation in EEO process. Unfair treatment because of protected EEO bases. Share sensitive An ADEA complainant who initiates the administrative process in 29 C.F.R. Similarly, once an employee files a formal written EEO complaint about an action, the employee may not file a grievance about the same matter. However, an employee cannot file both an EEO complaint and a grievance about the same action. If it is not covered, then the Counselor will try to settle the matter informally. Information pertaining to disability and DOL's Reasonable Accommodation Policy and Procedures may be obtained by contacting the CRC's Reasonable Accommodation Resource Center (RARC) by Voice: (202) 693-6500; Fax: (202) 693-6505 or Email: rarc.info@dol.gov. Also, the "election of . Section 1614.105(c). 29 C.F.R. 29 C.F.R. The government-wide average was 344 days. As of September 30, 2011, USPS employed 4,628 (0.72%) Individuals with Targeted Disabilities (IWTD). The agency must then take final action by issuing a final order within 40 days of receipt of the AJ's decision. Or you can call 1-888-DOT-SAFT ( 1-888-368-7238 ). The class contains so many members that consolidated processing of individual complaints is not practical; There are questions of fact common to the class; Claims by the class agent are typical of the claims of the class; and. Related searches to usps eeo complaint. See 29 C.F.R. Here are some things to consider in making the decision about which route to choose. However, all sexual assaults do not result in EEO complaints. Your local US Post Office handles customer service complaints, which may relate to employee behavior, late mail, or other delivery issues. Share sensitive If a formal EEO complaint is filed, the grievance will be terminated. This contrasts with a monopsony which relates to a single entity's control of a market to purchase a good or . It is available to employees and applicants for employment with the Department of State who allege they have been subjected to unlawful discrimination based on an EEO protected characteristic.. Section 1614.110(b). She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. 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). Postal Service. Contact: Contact the U.S. You can also send us your complaint by mail to: ATTN: HOTLINE USPS OIG 1735 North Lynn Street Arlington, VA 22209-2020 Login to EEO efile. The .gov means its official. information only on official, secure websites. The preferred method for filing a complaint with our office is to use our online complaint form. Sex (including pregnancy, sexual orientation, and gender identity). The investigation must be completed within 180 days from the filing of the complaint. .manual-search ul.usa-list li {max-width:100%;} 2022004582 (E.E.O.C. Hearings are considered part of the investigative process, and are closed to the public. Prior to a request for a hearing, in lieu of accepting a complaint for investigation an agency may dismiss an entire complaint for any of the following reasons: (1) failure to state a claim, or stating the same claim that is pending or has been decided by the agency or the EEOC; (2) failure to comply with the time limits; (3) filing a complaint on a matter that has not been brought to the attention of an EEO counselor and which is not like or related to the matters counseled; (4) filing a complaint which is the basis of a pending civil action, or which was the basis of a civil action already decided by a court; (5) where the complainant has already elected to pursue the matter through either the negotiated grievance procedure or in an appeal to the Merit Systems Protection Board; (6) where the matter is moot or merely alleges a proposal to take a personnel action; (7) where the complainant cannot be located; (8) where the complainant fails to respond to a request to provide relevant information; (9) where the complaint alleges dissatisfaction with the processing of a previously filed complaint; (10) where the complaint is part of a clear pattern of misuse of the EEO process for a purpose other than the prevention and elimination of employment discrimination. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Section 1614.204(g). The aggrieved individual may elect, at the time of initial contact, a process which attempts resolution through mediation or alternative dispute resolution (ADR). The election requirement does not apply to employees of agencies not covered by 5 U.S.C. : USPS also said it was ordering more than 14,.. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Federal EEO Complaint Processing Procedures. If the agency's final order does not implement the AJ's decision, the agency must simultaneously appeal the AJ's decision to EEOC's OFO. Any employee within the American Federation of Government Employees (AFGE), Local 12, or the National Union of Labor Investigators, Independent (NULI) bargaining units may file allegations of discrimination under the negotiated grievance procedures of their respective union. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Acceptance of a complaint is not based on an assessment of the merits of the claims. "a~HYt WUQmit>Y->V$pV_^# ;;6A&q;5D(rj 2(IE5)~ P{KV(. 5 U.S.C. A lock ( Appeals must be filed with EEOC's Office of Federal Operations (OFO). The EEOC's anti-discrimination laws prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or . U.S. It is the Department of Labor's (DOL) policy to provide equal employment opportunity for all employees of DOL and applicants for DOL employment. United States Postal Service - EEO Case Appeal. Such decision may be appealed to EEOC. Aggrieved persons who believe they have been discriminated against must contact an agency EEO counselor prior to filing a formal complaint. 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. .cd-main-content p, blockquote {margin-bottom:1em;} div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} 131 M Street, NE USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. Class complaints of discrimination are processed differently than individual complaints. This determination shall be reviewable by an EEOC AJ if a hearing is requested on the remainder of the complaint, but is not appealable until final action is taken by the agency on the remainder of the complaint. discrimination raised in the complaint. The 30-day counseling period may be extended for an additional 60 days: (1) where the individual agrees to such extension in writing; or (2) where the aggrieved person chooses to participate in an ADR procedure. 131 M Street, NE Washington, DC 20507 1-800-669-6820 (TTY) 1-844-234-5122 (ASL Video Phone) Questions? 1-H-342-1236-95 (Sept. 2, 1998). Louis DeJoy, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Moreover, some EEO complaints dated back as far as 2001. The purpose of EEO counseling is to attempt early and informal resolution of an allegation of discrimination. 1-800-669-6820 (TTY) a! Most complainants may request a hearing by an EEOC Administrative Judge (AJ); it should be done within 30 calendar days of receipt of the Report of Investigation. An investigator (a DOL employee or a contract investigator) will be authorized to conduct the investigation, and may administer oaths to obtain sworn or affirmed testimony without a pledge of confidentiality from any witness deemed relevant. When an AJ has issued a decision (either a dismissal, a summary judgment decision or a decision following a hearing), the agency must take final action on the complaint by issuing a final order within 40 days of receipt of the hearing file and the AJ's decision. Official websites use .gov 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. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. An official website of the United States government. Any statement or brief in opposition to an appeal must be submitted to OFO and served on the opposing party within 30 days of receipt of the statement or brief supporting the appeal, or, if no statement or brief supporting the appeal has been filed, within 60 days of receipt of the appeal. A complainant may appeal an agency's final action or dismissal of a complaint within 30 days of receipt. A .gov website belongs to an official government organization in the United States. The AJ transmits his or her decision to accept or dismiss a class complaint to the class agent and the agency. 29 C.F.R. A complainant may appeal to the EEOC for a determination as to whether the agency has complied with the terms of a settlement agreement or decision. A .gov website belongs to an official government organization in the United States. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 To route your concern or inquiry as efficiently as possible, please read the following before filing a Hotline complaint. Postal Service Office of Inspector General (OIG) is an independent oversight agency, separate from the U.S. The decision will also inform the complainant of his or her right to file a civil action. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. "Exhaustion" for the purposes of filing a civil action may occur at different stages of the process. Retaliation for participation in the EEO process or opposition to discrimination. 29 C.F.R. An official website of the United States government. After an appeal, complainant later requested the EEOC reopen her case. 29 C.F.R. Employees within Local 12 or NULI must choose whether the allegations of discrimination will be processed under the negotiated grievance procedure or under the EEO complaint procedure. ). 29 C.F.R. Pena filed his formal EEO complaint on March 12, 2018, and checked the boxes to allege disability, age . contact Kator, Parks & Weiser for a free consultation, Recent Decision Strengthens Due Process for Federal Employees, Federal Employees Must Act Quickly to File an EEO Complaint. Mining: Contact the Mine Safety and Health Administration (MSHA) at 1-800-746-1553 or file online to report hazardous conditions in mines. An appropriate factual record is defined in the regulations as one that allows a reasonable fact finder to draw conclusions as to whether discrimination occurred. Check the complaint history, rating. International Services Secure, Affordable Global Shipping . Individuals who have filed either a mixed case complaint or a mixed case appeal, and who have received a final decision from the MSPB, may petition the EEOC to review the MSPB final decision. Alternatively, a civil action may be filed after 120 days from the date of filing the mixed case complaint with the agency or the mixed case appeal with the MSPB if there has been no final decision on the complaint or appeal, or 180 days after filing a petition to review with EEOC if there has been no decision by EEOC on the petition. All rights reserved. The EEO office can process most claims in an average of 100 days faster than the 240 day average it once took USPS to process complaints before standing up its service center. A .gov website belongs to an official government organization in the United States. Postal Service Office of Inspector General (OIG) is an independent oversight agency, separate from the U.S. A civil action may also be filed if the OFO does not issue a decision within 180 calendar days from the date that the appeal was filed. Section 7121(d), notably employees of the United States Postal Service. 29 C.F.R. Section 1614.301(a). 29 C.F.R. Formal EEO Process 29 C.F.R. ADR utilizes many processes, but all are confidential and voluntary for Department of State employees and applicants. 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. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The AJ conducts the hearing and receives relevant information or documents as evidence. The formal complaint must be filed in writing with S/OCR within 15 calendar days of receiving the Notice of Right to File a Discrimination Complaint. EEO Counselors are not authorized to accept formal complaints of discrimination. The agency's decision must be issued within 60 days of receiving notification that the complainant has requested an immediate final decision. Filing a civil action terminates EEOC processing of an appeal. I understand that a complaint submitted anonymously may limit the OIGs ability to investigate, particularly if questions come up that only you can answer. Counseling must be completed within 30 days of the date the aggrieved person contacted the agency's EEO office to request counseling. Washington, DC 20507 If a resolution is not achieved during EEO counseling, the aggrieved individual may file a written formal complaint with the Director, CRC or with the Secretary of Labor within 15 calendar days of receiving the "Notice of the Right to file a Discrimination Complaint.". 791 et seq., (Rehabilitation Act). Where the agency has not processed certain allegations in the complaint for procedural reasons set out in 29 C.F.R. Washington, DC 202101-866-4-USA-DOL, Office of the Assistant Secretary for Administration & Management, Office of Chief Information Officer (OCIO), Office of the Senior Procurement Executive (OSPE), Internal Enforcement (DOL Employees and DOL Job Applicants Only), Resources for Individuals with Questions about Filing a Discrimination Complaint, Alternative Dispute Resolution (ADR) Staff, Regional & National Office EEO Counselors, Compliance Assistance for Programs of Federal Financial Assistance, Reasonable Accommodations for Employees and Applicants with Disabilities, Notification of Equal Employment Opportunity Violations, national origin (including ethnicity or ancestry, accent, and use of a language other than English), religion or religious creed (including reasonable accommodation of religious beliefs or practices), physical or mental disability (including reasonable accommodation of physical or mental disability), sex (including pregnancy, childbirth, lactation, abortion, and related medical conditions and procedures), sexual orientation, gender identity, gender expression, and intersex conditions, retaliation for prior protected EEO activity. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 It does not apply to administrative grievance procedures established by an agency. Section 1614.109(b). EEOC Headquarters. 29 C.F.R. A class complaint may begin as an individual complaint of discrimination. For Deaf/Hard of Hearing callers: 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. Section 1614.110(a). A .gov website belongs to an official government organization in the United States. She alleged that the USPS has subjected her to disability discrimination and harassment. 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. This booklet provides an overview of the Equal Employment Opportunity (EEO) laws and the EEO complaint process for the Postal Service It explains your rights, responsibilities, and remedies under those laws and the EEO complaint process Please read it carefully Although this booklet contains important information, Call 1-800-ASK-USPS ( 1-800-275-8777) or TTY: 1-800-877-8339. . In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. Newsroom USPS Service Alerts Forms & Publications Careers Site Index ON USPS.COM. Secure .gov websites use HTTPS Harassment by managers, co-workers, or others in the workplace, because of protected EEO bases. Toll Free: 1-800-275-8777. ADR provides an alternative to traditional administrative avenues to resolve the allegation of discrimination at issue. An official website of the United States government. An official website of the United States government. Assurant denies the claims. Under the Equal Pay Act, a complainant may file a civil action within 2 years (3 years for willful violations), regardless of whether he or she has pursued an administrative complaint. Our process includes everything from card printing, inventory management and forecast analytics, to the . 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. A lock ( [CDATA[/* >