Our Resolution and Equity Team provides unbiased counsel to individuals who seek to resolve workplace conflict. Our experts educate the workforce on employee rights and responsibilities in the EEO process. They listen to complaint filers and succinctly frame the claims raised in a potential complaint; conduct initial interviews and inquiries to identify jurisdictional questions; seek resolution of a dispute at the lowest possible level through a selected method of alternative dispute resolution (either informal traditional EEO counseling, also known as shuttle diplomacy, or mediation with a mediator); and ensure prompt and efficient processing of formal complaints.
We provide leadership, guidance, and aggressively impartial action for the two stages of the NIH administrative discrimination complaint process in compliance with the provisions of EEO laws/regulations. From all aspects of the federal, administrative Equal Employment Opportunity (EEO) complaints process under 29 C.F.R. 1614 and the Equal Employment Opportunity Commission’s (EEOC) Management Directive 110, our team of specialists and counselors facilitates the Informal stage and Formal stage for all current and former NIH employees and job applicants.
Federal Equal Employment Opportunity Administrative Complaint Process
The EEO Administrative Complaint Process has two stages. The first stage is the Informal Complaint Process and the second stage is the Formal Complaint Process. Both stages are governed by regulations found in 29 C.F.R. Part 1614. The Office of Equity, Diversity and Inclusion (EDI) is aggressively impartial in the administration of these regulations. We neither represent the employee filing the complaint nor the management official(s) named in the complaint. Our role is to administer the regulations neutrally and fairly, to inform all parties of their responsibilities, and to detail what can be expected during each stage of the process. Our approach is driven by personalized customer service and a focus on ensuring that all parties have the information that they need to make informed decisions throughout both stages of the complaint process.
In a Nutshell…
Two Stage EEO Complaints Process:
Stage One - Informal Complaint: Seeking Resolution
- You have 45 days to file an informal complaint with EDI (also known as a pre-complaint)
- Choose between EEO Traditional Counseling (Shuttle Diplomacy) or Alternative Dispute Resolution (ADR), known as Mediation
- Identify remedies you may be seeking (whether it is monetary or non-monetary), and ask yourself, what possible remedies would make you whole?
- Possible resolution through Traditional EEO Counseling (Shuttle Diplomacy) or ADR/Mediation
- If a resolution is not obtained during Stage One, a Notice of Right to File is issued so that you may seek to file a formal complaint
Stage Two – Formal Complaint: Gathering Evidence and Seeking a Decision
- You have 15 days to file a formal complaint with EDI. EDI will determine which claims, if any, will be accepted (based on the regulatory bases for dismissal at 29 CFR §1614)
- If claims are accepted, gather your evidence and provide it to the assigned investigator
- In 180 days (or 360 if you amend your complaint) you will receive your Report of Investigation (ROI) which is a compilation of all of your evidence and the evidence of all of the witnesses
- Review your ROI and notify EDI of any changes or concerns
- Choose a hearing (before an administrative judge) or a final agency decision (a written decision by the Department of Health and Human Services based on the evidence in the ROI)