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You may file an EEO Complaint if you believe you may have been discriminated
against on one or more of the following "bases": race, color, religion,
sex, national origin, age, physical or mental disability, and/or sexual
orientation or reprisal for participation in prior EEO activity. The general
procedures are outlined below, as are procedures for complaints regarding
sexual orientation.
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WHO CAN FILE? An employee, former employee, or an applicant for
employment with DOI who meets the threshold above may file an EEO Complaint.
However, visitors, employees and clients of organizations outside DOI which
receive Federal funding from DOI should go through the Civil
Rights program.
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FIRST, SEE A
COUNSELOR. You must discuss the alleged discriminatory matter
with an EEO Counselor within 45 days of the date of the incident that gave
rise to your complaint. You may wish to pursue an informal solution through
the Alternative
Dispute Resolution (ADR) process. The EEO Counselor will
discuss this option with you.
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HOW TO FILE:
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Informal:
If the attempts to informally resolve your complaint by the EEO Counselor
have been unsuccessful, you will be provided, in writing, with a notice
of final interview (NOFI) and your right to file a formal complaint of
discrimination against the agency.
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Formal: You have 15 calendar days from the date of receipt of the
NOFI to submit your formal complaint in writing to your Bureau EO Officer,
Bureau Director, the Secretary of the Interior, or the OS, Director, Office
for Equal Opportunity (OEO).
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INVESTIGATION:
The Bureau or Office has 180 calendar days from the date you filed your
complaint to complete the investigation and provide you with the Report
of Investigation (ROI). Sometimes, extension of the 180 days may
be necessary to complete the investigation. You have 30 days from
receipt of the ROI to select one of the courses of action described in
the "election" notice. If your complaint involves a matter appealable
to the Merit Systems Protection Board (MSPB), you will be issued a decision
on the merits of your case, without a hearing, by the Director, OEO.
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HEARING:
If you request a hearing before the Equal Employment Opportunity Commission,
you will be allowed to present witnesses and evidence on your behalf to
an Administrative Judge. The Administrative Judge will issue a decision
on your complaint that will be subject to a final order by the Director,
OEO.
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FINAL AGENCY DECISION (FAD) or final order: The OEO will issue a
final decision on your complaint within 60 calendar days from the date
of your receipt of the EEOC Administrative Judge's decision, or within
60 days after receipt of your notice of election for a final decision on
the merits.
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APPEAL: You may appeal the decision of the Director, OEO to the
EEOC within 30 calendar days of your receipt of the final agency decision
or final order.
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CIVIL ACTION:
In lieu of an appeal with the EEOC, you may, within 90 calendar days of
the date of your receipt of the final decision or final order, file a civil
action in an appropriate United States District Court. Also, you may file
a civil action 180 calendar days after you filed your individual complaint
if a final decision has not been issued and you have not appealed to EEOC.
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COMPENSATORY DAMAGES: If there is a finding of discrimination, in
certain cases, you may be entitled to compensatory damages.
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SPECIAL CASES: Cases regarding age, sexual orientation, mixed cases
(appealable to the MSPB), negotiated grievances, and class complaints are
handled somewhat differently. See your Bureau
EO Officer.
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SEXUAL
HARASSMENT: For more information regarding sexual harassment
see EOD-2001-01,
and EOD-2001-17.
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SEXUAL ORIENTATION ISSUES: Cases regarding sexual orientation fall
under the policy in EOD
99-03 and follow the procedures described in EOD
99-04 and 373
DM 7.
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CASE LOAD:
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Table
showing the number of open cases by status for each bureau.
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Table showing EEOC Form 462 with a detailed breakout of types of
cases in DOI.
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AUTHORITIES:
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The newly revised EEO complaint process for federal employees and
applicants for employment is governed by regulations issued by the Equal
Employment Opportunity Commission (EEOC) at 29
C.F.R. § 1614.
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DOI Equal Opportunity procedures for processing complaints of discrimination
based on sexual orientation are found at 373
DM 7.
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EEO Plus
(Partners Listening, Understanding, and Solving). Alternative Dispute Resolution
(ADR) Program for use by all Office of the Secretary employees.
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