Employee
or applicant must see EEO Counselor or EEO Manager.
Within
45 days of the date of the matter alleged to be discriminatory or within
45 days of the effective date of a personnel action. For extensions of time
limits, see paragraph 2-5a(6) of EEO Discrimination Complaints Summary.
EEO Counselor
makes inquiry, tries to resolve complaint informally, conducts final
interview, and, if complaint is not resolved, gives complainant written
notice of right to file formal complaint.
Within
30 days after matter first called to EEO Counselor's attention.
Complainant
may agree in writing to extend the counseling period up to an additional
60 days.
Within
initial 30 day counseling period.
Complainant
files formal complaint (DA Form 2590-R) in writing with EEO Manager
or any other designated official. Must advise EEO Manager if he or she
obtains legal or other representation.
Within
15 days after receipt of the Notice of Final Interview.
EEO Manager
accepts or dismisses the formal complaint in whole or in part.
Within
5 days after receipt of complaint.
EEO Manager
sends file to Office of Complaints Investigations (OCI) requesting assignment
of an investigator if any part of complaint is accepted. If complaint
is dismissed, EEO Manager notifies complainant and representative.
Within
3 days after acceptance.
Complainant
may appeal dismissal by Army to Equal Employment Opportunity Commission
(EEOC), Office of Federal Operations (OFO). If complainant appeals a
partial dismissal to EEOC, the investigation of the accepted portion
of the complaint will be held in abeyance pending EEOC's decision on
appeal.
Within
30 days of receipt of notice of dismissal.
OCI investigator
completes investigation and sends investigative file to activity.
Within
120 days of receipt of complaint unless 90 day extension agreed to by complainant-representative
or within timeframe specified in an order from EEOC.
Activity
sends notice, investigative report file, and complaint to complainant/representative.
Within
3 workdays of receipt of OCI investigative file or 180 days from filing
of complaint (whichever comes first), unless 90 day extension agreed to
by complainant-representative.
Complainant
may request EEOC hearing or Army decision without hearing
Within
30 days of receipt of notice.
If complainant
fails to respond, EEO Manager notifies EEOCCRA for final Army decision.
36
days after dispatching notice.
If complainant
asks for decision without hearing, EEO manager sends request to Equal
Employment Opportunity Compliance and Complaints Review Agency (EEOCCRA).
Within
3 workdays of receipt of complainant's election.
If complainant
requests hearing, EEO Manager requests administrative judge from EEOC.
Within
3 workdays of receipt of complainant's election.
Hearing
held and findings and recommendations sent by EEOC to EEOCCRA.
Within
180 days of receipt by an EEOC administrative judge.
Army final
decision by the Director of EEOC, including appeal rights.
Within
60 days of notification that complainant has requested an immediate decision
without hearing; within 60 days of EEOCCRA's receipt of administrative judge's
finding and conclusions; or within 60 days of the end of the 30 day period
plus the 5 day presumptive mailing time, where the complainant has not requested
either a hearing or a final decision.
Appeal
to EEOC:
Complainant
sends notice of appeal to EEOC with copy to EEOCCRA.
Complainant
sends statement or brief to support appeal of Army decision to EEOC
with a copy of the EEO Manager and to EEOCCRA.
Civil
action by complainant:
Before
final Army decision.
After
180 days of filing formal complaint, if no appeal to EEOC.
Instead
of appeal to EEOC after Army final decision.
Within
30 days of receiving Army decision if no appeal to EEOC.
Before
EEOC final decision or appeal.
After
180 days of filing appeal to EEOC, if no decision from EEOC.
After
EEOC final decision on appeal.
Within
90 days of receiving EEOC Decision.
This
table does not apply to mixed case complaints. For mixed cases, see
paragraph 2-21 of Interim Army Regulation (AR 690-600).