As a federal employee, the law protects you from unfair treatment, discrimination and harassment in the workplace. If you believe your rights have been trampled upon, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) to seek justice.
If you are considering filing an EEO complaint, it is important to do it right so as to avoid common mistakes that could lead to the dismissal of your case. These may include the following.
1. The complaint was not filed on time
One of the most common reasons for the dismissal of an EEO complaint is failing to file it on time. Federal employees must begin the EEO process within 45 days of the discriminatory event by contacting an EEO counselor. Missing this deadline can lead to an immediate dismissal, as timeliness is crucial to making sure your complaint is heard and properly investigated.
2. The complaint fails to state a claim
Another mistake that can result in dismissal is if the complaint fails to clearly state a claim. The EEOC requires that complaints clearly outline a violation of federal laws that protect against discrimination in the workplace. If your complaint is vague or does not allege a legally recognized form of discrimination, it may be dismissed without further investigation.
3. The complaint is moot
A complaint may be dismissed if the issues raised have already been resolved or no longer exist. For example, if the discriminatory actions have ceased or if you no longer work in the position where the alleged discrimination occurred, the EEOC may determine that the complaint is moot and does not require further action.
4. The complaint is the same as one pending or previously decided
Filing a complaint that duplicates an ongoing or previously decided case with the agency, EEOC or federal court will lead to dismissal. The EEOC does not process claims that are already under review or have been adjudicated, so it’s essential to ensure that the complaint raises new issues not previously addressed in other proceedings.
Legal guidance can help ensure your EEO complaint is strong and free of any mistakes that could lead to its dismissal, increasing your chances of a successful outcome.