use only class materials!!!!!!!! ( no outside sources )

Flowchart of the EEO Complaint Process

After the investigation is completed, you will receive

a copy of the investigation report. The Director of

EEO will notify you of the right to either request a

hearing before an EEOC Administrative Judge (AJ)

or receive a final FTC decision without a hearing.

If mediation is successful within 90 days, the

Director of EEO will inform the EEO

counselor that the claim was resolved.

The Director of EEO will

issue a final FTC decision

within 60 days of receiving

notice of the request for a

final FTC decision.

You may request an

EEOC hearing within 30

days of receiving the

report of investigation.

An EEOC AJ will make

a decision about the

matter.

If you are not satisfied with

the FTC’s final decision, you

may appeal to EEOC within

30 days of receipt.

Within 40 days of

receiving the AJ’s

decision, the FTC must

issue a final order.

If you are not satisfied with

EEOC’s appellate decision,

you may file a request for

reconsideration or you may

file in Federal district court

within 90 days of receipt.

If you are not satisfied

with the FTC’s final

order, you may appeal

to EEOC within 30 days

of receipt.

Formal Complaint Process

Incident Occurrence

Pre-complaint Counseling

You must contact an EEO counselor within

45 days of the incident. If you request

traditional counseling, the EEO counselor will

have 30 days to attempt resolution.

You may request to participate in the FTC’s

Alternative Dispute Resolution Program (i.e.,

Mediation Program), in which case the FTC

will have up to 90 days to resolve the matter.

If you choose mediation, pre-complaint

counseling will not occur. If mediation is not

successful and a resolution is not reached

within 90 days, the EEO counselor will issue a

notice of the right to file a formal complaint.

You will have 15 days to file a formal

complaint.

EEOC regulations require that you

seek pre-complaint counseling

before filing a formal complaint.

You must file a formal complaint within 15 days of

receiving the notice of the right to file a formal

complaint. The Director of EEO will acknowledge

receiving the formal complaint and notify you of

the claims accepted for investigation. If the claims

asserted and those accepted for investigation differ,

the Director of EEO will explain the reasons for

such differences, including whether the agency is

dismissing the entire complaint, or in part.

The Director of EEO will assign an investigator to

develop impartial and appropriate factual

information on the claims accepted for processing.

The FTC must complete the investigation, within

180 days of the date the formal complaint was

filed.

The 30-day counseling period may be

extended no more than 60 days if you and the

FTC agree to such an extension in writing. If

you choose traditional counseling and a

successful resolution is not reached, the EEO

counselor will issue a notice of the right to

file a formal complaint. You will have 15

days to file a formal complaint.