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Equal Employment Complaints Processing and Resolution Frequent Questions

How many days do I have to file an EEO Complaint if I think I have been discriminated against?

An employee or applicant, who believes he/she has been discriminated against, must contact the FPAC, Civil Rights Office, within 45 calendar days of the alleged discriminatory event or from when he/she becomes aware that a discriminatory event has occurred to file and EEO complaint.

Can I file a formal complaint directly with the Office of the Assistant Secretary for Civil Rights (OASCR)?

No. An individual cannot file a formal complaint directly with OASCR. An employee or applicant must first make a good faith effort to resolve the complaint in the pre-complaint process before filing formally. The only exceptions are for individuals alleging discrimination based on age or the Equal Pay Act, in which the administrative process may be bypassed and individuals can file directly with a Federal District Court.

Who does the EEO Counselor represent when a complaint is filed?

The EEO Counselor remains neutral as he/she processes a complaint of alleged discrimination and does not represent either party (employee or management).

Can I withdraw my complaint after it is filed?

Yes. An active pre-complaint or formal complaint may be withdrawn, by the individual that initiated the complaint, at any time during the process.

When can I file a formal complaint with OASCR?

If a resolution is not reached in the pre-complaint process, the EEO Counselor will issue a Notice of Right to File (NRF) letter to the individual. The individual will have 15 calendar days after he/she receives the NRF, to file a formal complaint with the OASCR.

What happens after I file a formal complaint with OASCR?

Once a complaint is received by OASCR, complainants will receive an acknowledgement letter. A review of the individual's complaint will be made and a determination of whether to accept or dismiss the complaint. If the complaint is accepted, a thorough investigation will be conducted and a report of investigation (ROI) is developed. A copy of the ROI will be given to the individual and his/her representative and to OASCR. After the individual receives the ROI, he/she will be given the following options: (1) Withdraw his/her formal complaint; (2) request a final agency decision (FAD) from USDA; or (3) request a hearing by an EEOC AdministrativeJudge.

How can I get the status on my formal complaint filed with USDA?

An individual can obtain status on his/her formal complaint by contacting OASCR’s Employment Complaint Division (ECD) at ECD@usda.gov.