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EOUSA Resource Manual

82. Sexual Orientation Complaints -- Formal Complaints Of Discrimination

Intake and Investigation. Formal complaints of discrimination or harassment because of sexual orientation should be filed with the EEO Staff. The complaint will be reviewed to assure that it meets jurisdictional prerequisites; e.g., timeliness. The complainant will be promptly notified of the acceptance or rejection of the formal complaint. Accepted complaints will be investigated in the same manner as any other allegation of discrimination accepted by the Department. Recommendations to reject a formal complaint based on sexual orientation will be addressed to the Director, EEO Staff, Justice Management Division, who will render a final agency decision as to the dismissability of the complaint. In the event a complaint is received which contains an allegation of discrimination based on sexual orientation and additional bases covered by EEOC regulation, all allegations will be investigated concurrently. However, following the investigation, those allegations not based on sex ual orientation will be processed according to existing procedures outlined in 29 CFR 1614. Reports of investigation will be provided to the Departmental Complaint Adjudication Office and to the complainant. The EEO officer will ensure that the investigative report is complete and that management and the complainant are given an opportunity to comment on the file and the representations contained therein.

[cited in USAM 3-5.211]