The EEOCR manages the Commission’s Equal Employment Opportunity (EEO) complaint process, with oversight from the Equal Employment Opportunity Commission (EEOC) – an independent Federal agency. The EEO complaint process may be used by Commission employees and applicants for employment to raise issues of discrimination based on race, color, sex, religion, national origin, genetic information, age (40 years of age and older, disability (mental and physical), and reprisal.
The EEO Complaint Process is administered in accordance with Title 29 of the Code of Federal Regulations Part 1614 Section 105 (29 CFR 1614.105) and is governed by federal anti-discrimination laws and regulations, management directives, and guidance related to EEO, as well as applicable federal court case.
The EEO Complaint Process consists of three parts:
Part 1 – Informal
The informal process, also called EEO Counseling, provides an opportunity to define the complainant’s concerns, obtain information necessary to address the issues, and attempt to resolve the issues informally. The complainant can either elect traditional EEO counseling or alternative dispute resolution (ADR). The process is administered by FERC’s EEO Counselors. You must contact an EEO Counselor within 45 days of the alleged discriminatory action. EEOC regulations require that you seek EEO counseling before filing a formal complaint.
Part 2 – Formal
If the dispute is not settled during counseling or through ADR, you can file a formal discrimination complaint against the Commission. During this stage, the Commission will review the complaint and decided whether the complaint meets procedural requirements established by regulation. If the complaint is accepted, an investigation is conducted. When the investigation is finished, the Commission will issue a notice giving you two choices: (1) request a hearing before an EEOC Administrative Judge or (2) ask the Commission to issue a final agency decision (FAD).
Part 3- Appeal
The appeal stage allows the complainants to file an appeal of the Commission’s FADs to the EEOC or request for reconsideration of the EEOC decision on your appeal.
EEO Alternative Dispute Resolution (ADR)
EEO Alternative Dispute Resolution (ADR) is also available throughout both the informal and formal complaint processes if the complaint is determined to be suitable for ADR. At FERC, when parties agree to use ADR to attempt to resolve EEO complaints or other workplace disputes, the ADR method used is mediation. Mediation is an informal meeting between parties that is conducted by a neutral third-party mediator. The mediator does not decide who is right or wrong or issue a decision. The role of the mediator is to facilitate conversation between the parties and explore acceptable resolution options or develop proposals that might move the parties closer to resolution.
For more information on the EEO complaint process, please click on the EEO Complaint Process Flowchart.
For questions about the EEO complaint process or to initiate an EEO complaint, contact an EEO Counselor or the EEO Complaint Director, Kadia Givner at 202-502-6429 or Kadia.Givner@ferc.gov.