Steps

Pre-Complaint Phase

1. To initiate EEO Counseling, an individual must contact their servicing DOT Operating Administrations Office of Civil Rights. This must occur within 45 calendar days from the date of the alleged discriminatory action or effective date of a personnel action.
2. Counseling must be completed within 30 Days or within 90 Days if parties agree to participate in the Alternate Dispute Resolution (ADR) mediation program. The aggrieved person agrees in writing to extend the counseling period. At the end of counseling, or if ADR is unsuccessful, an aggrievant is issued a Notice of Right to File a Discrimination Complaint.

An aggrievant must file a formal complaint within 15 Days after receipt of Notice of Right to File a Discrimination Complaint notice from the EEO Counselor.

Formal Complaint Phase

1. Formal complaints of discrimination are filed with the Associate Director, Compliance Operations Division, DOT, DOCR, 1200 New Jersey Avenue, S.E. W76-401, Washington, D.C. 20590.
2. Upon receipt by DOT Compliance Operations Division, the complaint will be processed for acceptance or dismissal in accordance with 29 C.F.R. Part 1614.
3. If the complaint is accepted, an investigator will be assigned to investigate the complaint within 180 days of the date the formal complaint was filed unless an extension is granted.
4. ADR can be used for assistance at any stage of the EEO Process prior to the issuance of a Final Decision.
5. Upon receipt of the report of investigation (ROI), you have 30 Days to request a Hearing before an Administrative Judge, Equal Employment Opportunity Commission (EEOC) or a final decision by the Department of Transportation.
6. If an EEOC Hearing is requested, the Departmental Office of Civil Rights has 40 Days after the EEOC Administrative Judge decision is issued to provide you with the Final Order.

Appeal Phase

1. Complainant has the right to appeal the Final Order or the DOT's Final Decision to the EEOC Office of Federal Operations within 30 Days of receipt of the final action.
2. Complainant or the Agency has the right to request reconsideration within 30 Days of receipt of a decision of the EEOC, Office of Federal Operations

Judicial Phase

1. Within 90 calendar days of receipt of this action, you may file a civil action in an appropriate U.S. District Court.