Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

76. On Completion Of Investigation

Within 180 days from the filing of the complaint, the EEO staff will notify the complainant that the investigation has been completed and will provide the complainant with a copy of the Report of Investigation (ROI) and investigative file. The EEO staff will notify the complainant that within 30 days of receipt of the ROI and investigative file, the complainant has the right to either:

  1. Request an EEOC Hearing before an Administrative Judge who reviews the investigative file, approves discovery requests and schedules and conducts the Hearing. The EEOC Hearing is recorded and a verbatim transcript will be provided. The administrative judge makes findings and recommended decision(s) to the EOUSA.


  2. Receive a Final Agency Decision Without a Hearing. The Complaint Adjudication Officer shall issue a Final Agency Decision on the merits of each issue in the complaint which will include appropriate remedies if discrimination is found. If there is no finding of discrimination, the complainant will be provided Notice of Right to Appeal to the EEOC.


  3. Civil Action. The complainant may file a civil action in the appropriate United States District Court at any time after 180 days have elapsed from the date of the filing of the complaint.

[cited in USAM 3-5.211]

Updated September 19, 2018