Overview Of Federal Sector EEO Complaint Process complainant

Overview Of Federal Sector EEO Complaint Process

If you are a federal employee or job applicant, the law protects you from discrimination because of your race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. The law also protects you from retaliation if you oppose employment discrimination, file a complaint of discrimination, or participate in the EEO complaint process (even if the complaint is not yours.)

There are also federal laws and regulations and Executive Orders(which are not enforced by EEOC) that prohibit discrimination on bases such as sexual orientation, marital status, parental status, or political affiliation.

If you are a federal employee or job applicant and you believe that a federal agency has discriminated against you, you have a right to file a complaint. Each agency is required to post information about how to contact the agency's EEO Office. You can contact an EEO Counselor by calling the office responsible for the agency's EEO complaints program.

EEO Counselor

The first step is to contact an EEO Counselor at the agency where you work or where you applied for a job. Generally, you must contact the EEO Counselor within 45 days from the day the discrimination occurred.

In most cases the EEO Counselor will give you the choice of participating either in EEO counseling or in an alternative dispute resolution (ADR) program, such as a mediation program.

If you do not settle the dispute during counseling or through ADR, you can file a formal discrimination complaint against the agency with the agency's EEO Office. You must file within 15 days from the day you receive notice from your EEO Counselor about how to file.

Filing A Formal Complaint

Once you have filed a formal complaint, the agency will review the complaint and decide whether or not the case should be dismissed for a procedural reason (for example, your claim was filed too late).

If the agency doesn't dismiss the complaint, it will conduct an investigation. The agency has 180 days from the day you filed your complaint to finish the investigation.

When the investigation is finished, the agency will issue a notice giving you two choices: either request a hearing before an EEOC Administrative Judge or ask the agency to issue a decision as to whether the discrimination occurred.

Agency Issues A Decision (Final Action)

If you ask the agency to issue a decision and no discrimination is found, or if you disagree with some part of the decision, you can appeal the decision to EEOC or challenge it in federal district court.

Requesting A Hearing

If you want to ask for a hearing, you must make your request in writing within 30 days from the day you receive the notice from the agency about your hearing rights. If you request a hearing, an EEOC Administrative Judge will conduct the hearing, make a decision, and order relief if discrimination is found.

Once the agency receives the Administrative Judge's decision, the agency will issue what is called a final order which will tell you whether the agency agrees with the Administrative Judge and if it will grant any relief the judge ordered. The agency will have 40 days to issue the final order. It will also contain information about your right to appeal to EEOC, your right to file a civil action in federal district court, and the deadline for filing both an appeal and a civil action.

Filing An Appeal Of The Agency's Final Order

You have the right to appeal an agency's final order (including a final order dismissing your complaint) to EEOC Office of Federal Operations. You must file your appeal no later than 30 days after you receive the final order.

EEOC appellate attorneys will review the entire file, including the agency's investigation, the decision of the Administrative Judge, the transcript of what was said at the hearing (if there was a hearing), and any appeal statements.

If the agency disagrees with any part of the Administrative Judge's decision, it must appeal to EEOC.

Request For Reconsideration Of The Appeal Decision

If you do not agree with the EEOC's decision on your appeal, you can ask for a reconsideration of that decision. A request for reconsideration is only granted if you can show that the decision is based on a mistake about the facts of the case or the law applied to the facts. You must ask for reconsideration no later than 30 days after you receive our decision on your appeal.

Once EEOC has issued a decision on the appeal, the agency also has the right to ask EEOC to reconsider that decision.

Once we have made a decision on your request for reconsideration, the decision is final.

Filing A Lawsuit

You must go through the administrative complaint process before you can file a lawsuit. There are several different points during the process; however, when you will have the opportunity to quit the process and file a lawsuit in court, including:

After 180 days have passed from the day you filed your complaint, if the agency has not issued a decision and no appeal has been filed Within 90 days from the day you receive the agency's decision on your complaint, so long as no appeal has been filed After the 180 days from the day you filed your appeal if the EEOC has not issued a decision, or With complainant-rid-0.html. moncler mens pom pom hatin 90 days from the day you receive the EEOC's decision on your appeal.

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Fourth witness to refute claims that Ghomeshi complainant lied: Crown

Kendra Mangione , Web Journalist / Digital Content Editor, CTV Vancouver


Published Tuesday, February 9, 2016 4:54AM EST Last Updated Tuesday, February 9, 2016 11:15PM EST

A statement from a fourth witness will be permitted in the trial of Jian Ghomeshi, despite attempts by the defence to prevent her testimony from being included.

Scroll down or click here to replay our live blog

Ghomeshi's lawyers tried to prevent the witness' statement from being entered in court, saying that she would provide evidence that was not "substantially consistent."

They said the witness would "prolong" the trial, because she is in Nova Scotia and unable to testify until Thursday. The lawyers added that the defence would be ready to close on Wednesday if the witness' testimony was blocked.

However, the judge ruled that the witness should be heard in the form of a police statement. The Crown will file the witness' statement to police, and will be presented in court and made public on Wednesday.

The judge said the "safest course" is to hear the evidence, then determine its value.

The Crown has said that the witness will corroborate testimony given by one of the complainants in the sexual assault trial. The witness would refute the defence's claim that testimony from one of the complainants in his sexual assault trial was fabricated.

The former CBC Radio host's lawyers accused a complainant of lying on the sixth day of Ghomeshi's trial. Ghomeshi is facing four counts of sexual assault and one count of overcoming resistance by choking.

He has always denied any wrongdoing and claimed his sexual relations were consensual. He is being tried by judge alone.

Lawyers Marie Henein and Danielle Robitaille told the court Tuesday morning that they plan to argue that actress Lucy DeCoutere "lied about events" while on the stand last week.

On Thursday and Friday, DeCoutere testified that Ghomeshi had choked her, then slapped her three times while they were in his bedroom in July 2003.

DeCoutere said she had consented to kissing him, but not to the violence.

When she was cross-examined, the court learned that DeCoutere had sent multiple emails to Ghomeshi following the alleged assault. In one email, referenced in court again Monday, she wrote: "You kicked my ass last night and that makes me want to f**k your brains out tonight."

DeCoutere acknowledged that she had sent the email, but said she didn't remember writing it.

"I totally forgot about it. I guess I wanted to forget about it," she said.

DeCoutere also sent Ghomeshi a hand-written letter, that ended with the phrase: "I love your hands."

Henein and Robitaille said Tuesday that they believe that DeCoutere lied during her testimony, and alleged that she told the story "for fame." The defence said they believe she may have colluded with the other two complainants in the case.

The defence is also questioning inconsistencies in DeCoutere's testimony and police statement, including whether Ghomeshi allegedly choked her with one hand or two.

The Crown said its witness would support DeCoutere's version of events, but the witness lives in Nova Scotia so would not be able to testify until Thursday.

On Monday, the court heard from the third and final complainant in the case, who became friends with DeCoutere more than 10 years after their alleged assaults.

The woman, who cannot be named, is a dancer who spent time with Ghomeshi in 2003.

The complainant described several encounters with the former broadcaster, including one occasion when she said he put his hands on her throat while they were kissing.

She said she felt unsafe and had difficulty breathing during the incident.

During cross-examination, the woman revealed that she had discussed the allegations with fellow complainant DeCoutere. The women met and became friends more than 10 years after their alleged assaults.

Another complainant took the stand early last week, telling the court of her experiences on dates with Ghomeshi. She said she was punched in the head by the radio host while on a second date at his home.

Cross-examination revealed she had also emailed Ghomeshi after the alleged assault, and sent him a photo of herself in a bikini. She said the emails were "bait" meant to lure Ghomeshi into talking about what had happened.

Replay our live blog below.

  Related Stories Ghomeshi email evidence shows how 'digital debris' increasingly used in trials Ghomeshi trial hears from third complainant Photos Lawyer Marie Henein leaves a Toronto courthouse with her client Jian Ghomeshi, left, following day six of his trial on Tuesday, Feb. 9, 2016. (Chris Young / THE CANADIAN PRESS)

Former CBC radio host Jian Ghomeshi arrives at a Toronto court for day six of his trial on Tuesday, Feb. 9, 2016. (Chris Young / THE CANADIAN PRESS)

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