The EEOC Process for Federal Employees (Graphic)

The EEOC process for federal employees can be, even at the best of times, confusing. This info-graphic lays out some of the major events and deadlines that employees face in the process.

The EEO process is divided into two phases

The first phase of the EEO process for federal employees  is filing with the Agency’s own EEO office. This initiates the process and is required in order to file a complaint with the EEOC or to file a discrimination case in federal court. This process ends when the employee files a formal complaint with the EEOC and the agency assigns an investigator who interview relevant witnesses and assembles relevant documents.

After receiving the Report of Investigation (ROI), the employee has the right to bring her case before an EEOC administrative judge. This process includes discovery and concludes when the administrative judge renders a decision, and the agency issues a final agency decision FAD). During this process, the employee goes through discovery to summary judgment, where the administrative judge decides whether there is sufficient evidence to warrant a hearing on the facts of the case. The case proceeds then on to a hearing and a decision by the administrative judge, which the agency can either adopt or reject in its Final Agency Decision.

After the issuance of the FAD, the employee can choose to appeal to the EEOC or filing in federal court, or both.

Download a PDF of this document:

Federal employee EEOC Process

Federal Employee Free Phone Consultation

Find a time to talk about your case with a lawyer, not an intake coordinator. 

Here’s what you should know:

  • This is completely free, no cost, no obligation on your part (Lawyers can’t expect payment without an agreement)
  • You get helpful information about your federal EEO case 
  • This is the start of the process to find an attorney to represent you