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One of the hardest steps for federal employees can be making the decision to start the process of submitting an Equal Employment Opportunity (EEO) complaint. If you're still debating, you probably want a preview of what to expect if you do file an EEO complaint. Or, if you've already initiated contact with the EEO Office, you're looking for some guidance on next steps.
[Learn more: How do you know if you have an EEO complaint? Starting the EEO process]
Either way, we're here to help you make sense of the EEO complaint process. We'll tell you what you need to know, and what you need to include in your complaint. Then, we'll share some of our EEO complaint tips and give you a look at what happens next.
What Do I Include in My Informal EEO Complaint?
The first step in filing an EEO complaint is to initiate contact with the EEO Office. Typically, this is completed when you submit your complaint to the EEO Office. It is best practice to send your complaint by both mail and email to ensure it is received. Consider enabling a read receipt on your email and, if physically mailing, sending via tracked post. Note when, how, and to whom you sent your EEO complaint for your records.
Your EEO complaint needs to include the following information:
- Your name, position, and the Agency/sub-org you work for
- The EEO Office's address
- What type of discrimination did your employer commit: Discrimination or Harassment? (More on the difference below)
- Who discriminated against you?
- Dates for each instance of discrimination that occurred
EEO Complaint Tips and Best Practices
Responsible Management Officials (RMOs)
- It's important to highlight the "Responsible Management Officials" (RMOs) who discriminated against you.
- Be sure to use their full names and positions. This helps the EEO office easily identify the RMOs.
Important Dates for your EEO Complaint
- The correct dates are very important! Be sure to include the date/s of your claims. The EEO office will only investigate claims that happened within 45 days.
- Incidents that occur outside this 45-day timeframe can still be included when they relate to the most recent claim. For instance, if events from four months ago demonstrate a pattern of ongoing harassment, it is relevant to the current claim.
What does a relevant pattern of discrimination look like?
Here's an example of a pattern of discrimination:
On August 30, 2025, you contact your Agency's EEO office to report discrimination. Previously on July 30, 2025, your RMO (responsible management official) denied your request for leave. You believe this was because of your PTSD (a protected disability). Your coworkers without PTSD did not encounter this issue.
This is within the 45-day timeframe, so EEO will investigate the incident.
Months before, on April 1, 2025, you made a request for a reasonable accommodation—telework—which your RMO denied.
This is relevant to include in the current complaint, even though it is beyond the 45-day timeframe. It shows the ongoing nature of the problem.
On May 10, 2025, your supervisor removed you from a project because of your Buffalo Sabres jersey. Your coworker was wearing a New York Yankees jersey with no issue. It turns out your supervisor got food poisoning after tailgating a Buffalo Sabres game last year.
This incident is not related to your current claim. Interesting? Absolutely, but not relevant here.
Pro Tip!
In some cases, writing your complaint as a timeline can provide helpful context for your claims. It is important to be clear about which incidents are claims, and which incidents are just there for context.
We recommend using bullet points to organize your complaint.
What is the Difference between Discrimination and Harassment?
Discrimination:
Discrimination is when you are treated differently on the basis of a protected class like race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Examples of adverse actions include,
- Termination
- Demotion
- Change in duties
- Not being selected for promotions
Harassment:
Harassment can be sexual or non-sexual. It is unwanted conduct, words, or actions directed toward you because of your protected characteristics. This conduct reaches the level of harassment if it makes your workplace environment so toxic, your job becomes far more difficult as a result.
Does going to work every day make you sick to your stomach because you are expecting to receive intimidating behavior or abusive comments on the basis of your sexual orientation? Are things so bad, you can't focus on your work because you are constantly looking over your shoulder? Or is your boss continuously stunting your professional development, or making it difficult for you to complete your responsibilities? That constitutes harassment.
What is Retaliation?
Retaliation occurs when an employer takes any action that negatively impacts an employee's job (also known as "adverse action") because they engaged in protected activities related to discrimination or harassment claims. Some protected EEO activities include:
- Opposing discriminatory practices
- Participating in EEO complaints or investigations
- Requesting reasonable accommodation for disability or religious reasons
- Intervening to protect others from discrimination
But what if a new claim arises after I submit my complaint?
Don't worry, you can always "amend," or, change the complaint to reflect new claims of discrimination. Just so long as you report them within 45 days, and they are like and related to the discrimination alleged in your initial complaint.
I Submitted My EEO Complaint, Now What?
You will have the choice to participate in Traditional EEO Counseling or Alternative Dispute Program. Typically, the EEO counselor will recommend mediation after you file your informal complaint. This is often the best option. If your dispute isn't resolved in mediation, you can still pursue your case further and file a formal EEO complaint. But with mediation, you might be able to resolve your issue without having to escalate and potentially hire an attorney, then run the risk of having to wait years for a resolution.
1. EEO Counseling
The EEO counselor operates as a neutral go-between between you and your employer. This counseling generally lasts 30 days, but it can go as long as 90 days—if you choose to extend it. The Counselor is gathering information and getting a sense of what happened. They are not making a decision on whether or not you experienced discrimination, or if your employer is liable, or make your employer do anything. The counselor is responsible for conducting an investigation into your EEO allegations. Investigations include interviewing relevant parties and reviewing evidence to help support a resolution.
2. Alternative Dispute Resolution (ADR) Program
The Agency will appoint a neutral mediator who is familiar with EEO laws and processes. This mediator is there to facilitate a discussion of potential solutions.
Do I Need an Attorney for EEO Mediation or ADR?
No, you do not need an attorney. A federal employment attorney can certainly help you navigate the process and set you up for success. The informal complaint process is designed to be accessible to everyone. Not everybody can hire an attorney. However, it can be helpful to have someone experienced by your side. Particularly in disability cases in which you have been denied a reasonable accommodation, and your employer has failed to provide reasonable interim accommodation—possibly because they are unfamiliar with EEOC Section 501 enforcement standards and the relevant case law.
What if Counseling and Mediation Don't Work?
If EEO Counseling and Alternative Dispute Resolution do not resolve the issue, you can move on to the formal complaint. The EEO counselor will issue you a written Notice of Right to File. After receiving your Notice of Right to File, you have 15 days to file a formal complaint with the EEOC.
As soon as you suspect you may need to escalate to a formal complaint—maybe mediation isn't going well, at all—it may be time to consult a federal employment attorney. There are a number of restrictive deadlines in the EEO complaint process. And, unless you already have an attorney on retainer, finding and retaining an attorney may take longer than you'd expect. Consider contacting a federal employment attorney before filing your complaint.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
