Informal EEO Complaint Process
- Administration for Children and Families (ACF) employees or applicants for employment who believe they have been subjected to discrimination must contact the ACF’s Office of Diversity Management and Equal Employment Opportunity (ODME) to request an EEO Counselor. This contact must occur within 45 calendar days of the alleged discriminatory event or incident which gives rise to the complaint, or in the case of personnel action, within 45 calendar days of the effective date of the action.
- The EEO Counselor has 30 calendar days from the date the Complainant made initial contact to attempt informal resolution. Counseling may be extended an additional 60 days if the matter is not resolved within the 30 calendar days.
- In the informal EEO complaint process, the aggrieved individual may elect to pursue complaint resolution through an Alternative Dispute Resolution (ADR) mediation process instead of traditional EEO counseling. The ADR process may last up to 90 days from the aggrieved person’s first contact date.
- If a resolution is reached, a written Settlement Agreement is prepared and signed.
- If resolution in the informal complaint process fails, the employee/applicant will receive a notice of right to file a formal EEO complaint within 15 calendar days of receipt of the notice of right to file. The formal EEO complaint must be filed with the Director, Office of Diversity Management and EEO, Administration for Children and Families, Suite 3018, Mary E. Switzer Building, 330 C Street, SW, Washington, D.C. 20201, 202-205-1592.
Formal EEO Complaint Process
- ODME will acknowledge the receipt of the formal EEO complaint, and will inform the complainant of its determination to accept or dismiss any claims for investigation.
- If a complaint is dismissed, the Complainant is notified of the reasons for dismissal and appeal rights.
- EEO complaint investigations must be completed within 180 calendar days from the formal complaint filing date. ODME will issue to the complainant a copy of the investigative report and will notify the complainant of the right to request either a hearing before an EEOC Administrative Judge, or an immediate final decision by the HHS’ EEOCO, within 30 calendar days of receipt of the investigative report. If the complainant does not request a hearing or a final decision within the 30 calendar days provided, the HHS’ EEOCO will issue a final agency decision and notification of appeal rights to the complainant.
- Upon receipt of a final decision, the Complainant may appeal to the EEOC within 30 calendar days or may file a civil action in an appropriate U.S. District Court within 90 calendar days. The Complainant may also file a civil action in an appropriate United States District Court if the Complainant has not received a final decision within 180 calendar days of filing a formal complaint; if no decision from the EEOC has been received within 180 calendar days of filing a notice of appeal with the EEOC; or within 90 calendar days of receipt of EEOC's final decision.
- For information concerning class complaints of discrimination and/or other matters concerning the processing of EEO complaints, please contact the ODME,Suite 3018, Mary E. Switzer Building, 330 C Street, SW, Washington, D.C. 20201. The telephone number is (202) 401-4560 (Voice or Telecommunication Device for the Deaf).
Last Reviewed Date: