Investigation of Individual Employment
The EEO staff of the EOUSA is responsible for conducting an
investigation of the formal complaint of employment discrimination that is
based on race, color, religion, sex, age, national origin, disability
(physical or mental), sexual orientation or reprisal. The EEO Specialists
assign the individual employment discrimination complaints to EEO
Investigators for full investigation. During the investigation, a complete
and impartial factual record will be established upon which a finding will
be made as to whether or not discrimination occurred.|
- Time Limit for Filing Complaints: The complainant has 15 calendar days
from the date of receipt of the Notice of Final Interview to file a formal,
written EEO complaint with the EEO Assistant Director.
- Precise and Appropriate Matters in the Complaint: The complaint must
be sufficiently precise to describe generally the action(s) or practice(s)
that form the basis of the complaint. The complainant may file a formal
complaint on only those matters which have been brought to the attention of
the EEO staff during the pre-complaint counseling. The complainant is
limited to the incidents and issues which were sent forth in the initial
allegation of discrimination (informal complaint) and were discussed with
the EEO Counselor. If the complainant should add other incidents and issues
on which he/she has not been counseled, the formal complaint may be rejected
and not processed.
- Role of the EEO Investigator: The investigation will be assigned to an
EEO Investigator who will be officially designated to conduct on-site
inquiries into all accepted issues raised in the formal complaint. The
investigator will be authorized to administer oaths and to require USAOs
employees to furnish testimony before a court reporter, under oath or
affirmation without the promise of confidentiality.
- The EEO Investigator is required to be objective, unbiased and thorough.
During the investigation, the EEO Investigator gathers the facts that gave
rise to the allegation(s) of employment discrimination by interviewing the
complainant, management officials and other witnesses, and reviewing
documents, personnel records and related data. At the conclusion of the
investigation, the EEO Investigator writes a report of investigation which
contains a summary of testimonial and documentary evidence but not an
evaluation of the merits of the allegation(s).
- Conflict of Interests: Investigators will not conduct investigations
in the districts in which they are employed.
- Complainants alleging discrimination within the EOUSA Director's Office
or office of principal subordinates will be assigned for investigation by a
bureau within the Department of Justice other than the EOUSA's EEO
- Notification to the Complainant: After receiving the formal complaint,
the EEO staff of the EOUSA will provide two notices to the
- Acknowledgement of Receipt. The EEO staff will acknowledge receipt of
the complaint and advise the complainant of the date on which the complaint
- Acceptance or Rejection of Allegations. Following the review of the
complaint, the EEO staff will issue a written notice to the complainant
advising him/her of the acceptance or rejection of the complaint's
allegations, in whole or in part.
- If the complaint is accepted, the complainant will be informed of the
accepted allegations of discrimination (issues) and will be provided
specific information regarding the processing of the complaint. The
complaint will be assigned by the EEO staff to an EEO Investigator for
- If the complaint is rejected, the complainant has the right to appeal
the final decision regarding the dismissal of all or a portion of the
complaint. The complainant will be informed, in writing, of his/her appeal
- The complainant will also receive a copy of the Counselor's Report
prepared on the informal complaint.
- Investigation Period: The investigation will be completed within 180
days of the date of the filing of the complaint. (The investigation time
period may be voluntarily extended, by written agreement between the
complainant and the EEO staff, for not more than an additional 90 days.)
- Cooperation with the Investigation: The complainant, USAOs management
officials and any employee witnesses shall produce such documentary and
testimonial evidence as the EEO Investigator deems necessary.
If the complainant or USAOs management officials fail without good cause
shown to respond fully and in a timely fashion to the EEO Investigator's
requests for documents, statements, records, comparative data, statistics,
sworn statements or the attendance of witnesses, the EEO Investigator may
note in the investigative record that the decision-maker (the Complaint
Adjudication Officer) should, or the Equal Employment Opportunity Commission
on appeal may draw an adverse inference that the requested information, or
the testimony of the requested witness(es), would have reflected unfavorably
on the party refusing to provide the requested information.
Further, if an employee is directed by a supervisor to cooperate during
an investigation and fails to do so, disciplinary action may be taken
against the employee.
[cited in USAM 3-5.211]