Equal Employment Opportunity Commission - Complaints Against The Federal Government

Federal employees or job applicants who want to file complaints of job discrimination based on race, color, national origin, sex, religion, age, or physical or mental disability must first consult an equal employment opportunity counselor with the employees' or applicants' agency within 45 days of the alleged discriminatory action. If the complaint cannot be resolved informally, the person may file a formal complaint within 15 days of receiving a notice of the right to file a complaint. An accepted complaint is investigated by the agency, and the complainant has a right to a hearing before an EEOC administrative judge before the agency issues its final decision. An individual who wishes to file a complaint under the Equal Pay Act of 1963 must follow these procedures. An individual may also elect to file suit under the Equal Pay Act of 1963 without prior resort to the agency or to the EEOC.

A complaint under the Age Discrimination in Employment Act of 1967, against a federal agency or department, must be filed with the head of the agency, director of equal employment opportunity, head of an EEOC field installation, or other designated official. Federal employees may bypass the administrative complaint process and file a civil action directly in a federal district court, by first notifying the EEOC within 180 days of the alleged discriminatory act and then waiting 30 calendar days before filing suit. A federal employee may appeal a decision of an agency, an arbitrator, or the Federal Labor Relations Authority, with the EEOC's Office of Federal Operations, at any time up to 30 calendar days after receiving the agency notice of final decision. A petition for review of a MERIT SYSTEMS PROTECTION BOARD decision may be filed within 30 days of the date that the board decision becomes final. A request for reconsideration of any EEOC decision must be made in writing within 30 days of receiving the decision.