If you believe that
DISCRIMINATION has occurred
Contact the EEO Office
within 45 calendar days of alleged
EEO counselor assigned to conduct inquiry.
Counselor has 30 calendar days to attempt
informal resolution. Aggrieved may agree,
in writing, to extend the counseling period up
to an additional 60 calendar days.
If resolution fails, aggrieved may file a formal
complaint within 15 calendar days of final interview.
EEO officer accepts or dismisses complaint.
If accepted, EEO officer requests OCI investigation.
If dismissed, complainant may appeal the dismissal.
Investigation conducted, complainant given a copy
of Report of Investigation (ROI).
If no finding of discrimination, complainant may request EEOC hearing or Final Army Decision (FAD) within 30 calendar days upon receipt of ROI.
Within 180 calendar days of complainant's request to for
EEOC hearing, EEOC Recommended Decision to Army.
Within 60 calendar days, Army accepts, rejects, or modifies
Within 30 calendar days of receipt of Army's Decision,
complainant may appeal Army's decision to EEOC (OFO).
Within 90 calendar days, complainant may file civil action
with or without appeal.
An individual discrimination complaint is processed in two stages: (1) Informal and (2) Formal.
(1) The Informal stage consists of an individual presenting the matter(s) to an EEO Counselor for inquiry into the matter.
(2) The Formal stage consists of an individual filing a DA Form 2590 (Formal Complaint of Discrimination) with the EEO Officer within 15 calendar days after receiving the Notice of Right to File a Discrimination Complaint from the EEO Counselor at the conclusion of the informal stage. The complaint must contain a statement signed by the individual describing the action(s) or practice(s) forming the basis(es) for the complaint and the specific action or non-action taken.
WHO Has To Prove That Discrimination Occurred?
The Burden of Proof rests with the aggrieved/complainant to provide evidence that will sustain a reasonable inference of (sex, race, color, age, religion, national origin, disability or reprisal) discrimination.
Once that occurs, management must only articulate a legitimate, non-discriminatory reason for its action(s).
The Burden then shifts to the complainant to prove by a preponderance of the evidence that management’s explanation (articulated reason) was merely a pretext (mask or cover up for discrimination).