Help! I Think My Agency Discriminated against Me, but I Have NO IDEA WHAT I AM DOING
Okay, okay! First things first.
Take a deep breath in... and repeat after me: Federal law protects me from discrimination and harassment....
Another deep breath: Federal law also protects me against retaliation for participating in the EEO process.
You, as a federal employee or job applicant, are protected from discrimination by law. If you participate in the Equal Employment Opportunity (EEO) process—file a complaint, testify for yourself or someone else, help a coworker with their complaint—it is illegal for your agency to retaliate against you.
You're going to want to resume breathing normally while we walk you through this.
What is an Informal EEO Complaint?
The informal EEO complaint is the first step for federal employees, current and former, or federal job applicants who believe they have been discriminated against and wish to take action. You must file an informal EEO complaint before you can file a formal EEO complaint. The informal EEO stage is still a legitimate, official process, but it is shorter and less formal than the formal EEO complaint stage. Informal EEO complaints offer the opportunity to work with a trained EEO Counselor to attempt to facilitate an informal resolution of the problem, ideally in an amicable way.
Why are informal EEO complaints a thing?
Well, litigation can be expensive. The informal complaint stage gives both parties the chance to resolve any issues before entering into expensive legal or administrative action. (I mean, a legal battle—in this economy?!) This way, you have a much better chance of getting the issue resolved within a few months, rather than going down a road that might take years.
Who Can File an EEO Complaint?
Short answer? You are eligible to file a discrimination complaint if you believe you have been discriminated against at work or during the job application process because of your:
- Race
- Color
- Religion
- Sex
- Pregnancy status
- Transgender status
- Sexual orientation
- National origin
- Age (if you are 40 or older)
- Disability
- Genetic information
What Information goes into an Informal EEO Complaint?
Short of calling up a federal employment lawyer and asking them, here are some questions to ask yourself:
- Do you have specific facts or instances of discrimination or harassment to point to? Can you answer: Who, What, Where, When and Why?
- Is the WHY because of a protected basis like your race, sex, religion, transgender status, and/or disability? (See the above list)
- Did the most recent discriminatory action take place within 45 days of when you intend to submit your complaint? And if not, are claims outside that 45-day period related to a claim that is within that window?
If you answered yes to all three of those questions, then you have sufficient grounds to file a complaint.
What is an Example of an EEO Complaint?
In April, your manager, Eric, encourages you to apply for a promotion opportunity because "Wow, you are so dedicated to your job, and you sure do excel at time management!" But, after learning you are pregnant in May, Eric stops encouraging you (Come on, Eric; do better). And now, he only responds to your emails about work questions after multiple follow-ups. Nobody else seems to be having this issue.
On May 13th (a Friday, go figure) after a department meeting, you ask Eric why you did not receive the promotion. Eric tells you, "We have concerns about your ability to manage multiple projects with so many demands on your time."
The discrimination: You do not get the promotion because your employer has presumed your relative lack of availability due to your pregnancy.
Note how you can answer the questions: Who, What, Where, When and Why?
Who? Your manager, Eric.
What? You were denied a promotion opportunity, and your work has been made more challenging by Eric's newfound lack of responsiveness to your communications.
When? The change in behavior started in May, after news of your pregnancy got out. You confronted Eric on May 13th.
Where? Outside the conference room. Emails.
Why? Because of your pregnancy.
How Do I Submit My Informal EEO Complaint?
As a federal employee, step one is contacting the EEO counselor at your agency. Contact is established when you notify an EEO Officer of your discrimination allegations.
You must initiate contact with your agency's EEO office within 45 days of the alleged discrimination. Again, as mentioned above, claims that fall outside that 45-day period may also be included but only if they are related to your current claim/s.
The EEO Office's contact information can be found online or in your agency's handbook. They may have an office on campus.
Usually, you can just google your agency, sub-organization, and "EEO Office." Like, "Department of Army EEO Office." They may give you a general email or a specific inpidual's contact info. Look for a "specialist" or "director." To make sure you have the right email, you can always call or email to confirm before submitting your complaint to the EEO Office.
And, whenever you can, keep a record of everything you do. If you send emails from a work email account you can't access from home, forward to your private email address and/or print the emails.
You've got this.
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.
