"Exhaustion" for the purposes of filing a civil action may occur at different stages of the process. A complainant who raises a claim under the Age Discrimination in Employment Act (ADEA) may bypass the administrative process by filing a notice of intent to sue with the EEOC at least 30 calendar days before filing a civil action in court. Pena filed his formal EEO complaint on March 12, 2018, and checked the boxes to allege disability, age . Section 1614.110(a). Any statement or brief in opposition to an appeal must be submitted to OFO and served on the opposing party within 30 days of receipt of the statement or brief supporting the appeal, or, if no statement or brief supporting the appeal has been filed, within 60 days of receipt of the appeal. The counselor must also inform the individuals of their right to proceed directly to court in a lawsuit under the Age Discrimination in Employment Act, of their duty to mitigate damages, and that only claims raised in pre-complaint counseling may be alleged in a subsequent complaint filed with the agency. W.j 7P_o The agency's acknowledgment must also advise the complainant that when a complaint has been amended, the agency must complete the investigation within the earlier of: (1) 180 days after the last amendment to the complaint; or (2) 360 days after the filing of the original complaint. To route your concern or inquiry as efficiently as possible, please read the following before filing a Hotline complaint. The Counselor will hold a final interview with you and then give you a notice with instructions about how to file a formal complaint. A lock ( The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Notice of such resolution must be provided to all class members, and reviewed and approved by an EEOC AJ. Articles Find articles in journals, magazines, newspapers, and more; Catalog Explore books, music, movies, and more; Databases Locate databases by title and description; Journals Find journal titles; UWDC Discover digital collections, images, sound recordings, and more; Website Find information on spaces, staff, services, and more . Global AIDS Coordinator and Global Health Diplomacy, Special Presidential Envoy for Hostage Affairs, Special Representative for Syria Engagement, U.S. Security Coordinator for Israel and the Palestinian Authority, Office of the U.S. Class members should expect to receive written notice concerning the claim procedure within the next month. 131 M Street, NE If DOL does not appeal the AJ's decision, or issue a final agency action, the AJ's decision becomes the final decision of the Department 40 calendar days after it is received. Each agency is required to post information about how to contact the agency's EEO Office. discrimination raised in the complaint. Section 1614.401(c). Section 1614.401(b). Secure .gov websites use HTTPS If an agency does not issue a final order within 40 days of receipt of the AJ's decision, then the decision becomes the final action by the agency in the matter. Prior to a request for a hearing, in lieu of accepting a complaint for investigation an agency may dismiss an entire complaint for any of the following reasons: (1) failure to state a claim, or stating the same claim that is pending or has been decided by the agency or the EEOC; (2) failure to comply with the time limits; (3) filing a complaint on a matter that has not been brought to the attention of an EEO counselor and which is not like or related to the matters counseled; (4) filing a complaint which is the basis of a pending civil action, or which was the basis of a civil action already decided by a court; (5) where the complainant has already elected to pursue the matter through either the negotiated grievance procedure or in an appeal to the Merit Systems Protection Board; (6) where the matter is moot or merely alleges a proposal to take a personnel action; (7) where the complainant cannot be located; (8) where the complainant fails to respond to a request to provide relevant information; (9) where the complaint alleges dissatisfaction with the processing of a previously filed complaint; (10) where the complaint is part of a clear pattern of misuse of the EEO process for a purpose other than the prevention and elimination of employment discrimination. Some employment actions which may be the subject of a discrimination complaint under Part 1614 may also be appealed to the Merit Systems Protection Board (MSPB). An EEO Counselor, who is a neutral party, will be able to answer questions about the discrimination complaint process and explain available options for seeking resolution. You can also send us your complaint by mail to: ATTN: HOTLINE USPS OIG 1735 North Lynn Street Arlington, VA 22209-2020 If you have more than one discrimination complaint against an agency, the agency's EEO Office must investigate your complaints together. If complainant requests a final agency decision, the CRC Director or their designee will issue a decision based on information in the Report of Investigation within 60 calendar days. [CDATA[/* >