Equal Employment Opportunity is fair treatment in employment, promotion, training, and other personnel actions without regard to race, color, religion, sex (which includes gender, sexual harassment, and pregnancy), age, national origin, reprisal (for prior EEO activity), physical or mental disability, genetic information, status as a parent, and sexual orientation. To make sure that all Federal employees and applicants for employment with the Federal Government are provided this opportunity, certain laws and regulations were issued containing the legal basis for EEO programs in Federal agencies.
An EEO complaint is an allegation of discrimination because of membership in a protected class covered under the Federal anti-discrimination laws or Executive Orders.
Yes. During the Pre-Complaint process, a complaint can be filed even if your issue does not allege unlawful discrimination; however, to move to the next stage in the process, this type of complaint would be dismissed for failing to state a valid claim of discrimination. Therefore, first consider discussing the matter with your supervisor to work through a resolution to your issue. Additionally, there are other avenues to consider if the issue bringing you concern is not based on unlawful discrimination. Some of these avenues may include:
- An appeal to the Merit Systems Protection Board (MSPB) where an action is otherwise appealable to the Board and the employee alleges that the basis for the action was discrimination prohibited by Federal law;
- A complaint of possible prohibited personnel practice with the Office of Special Counsel; and/or
- A negotiated or administrative grievance.
The first step is to seek informal EEO counseling by contacting CBP's Privacy and Diversity (PDO) Complaint Intake Hotline at (1-877) MY-EEO-HELP (1-877-693-3643); by submitting a Request for EEO Counseling; or by contacting your servicing DCR Officer. To preserve the right to file a formal EEO complaint, individuals who believe they have been subjected to unlawful discrimination must seek informal EEO counseling within 45 calendar days of the alleged discriminatory act. The allegation will be assigned to an PDO staff member to conduct informal EEO counseling. At the initial interview, the EEO counselor will explain the EEO complaint process and the option to participate in mediation.
While you have the right to be accompanied and advised by a representative at every stage of the EEO process, as long as there is no conflict of interest or position, you do not need to have a representative. If you choose to be represented during the informal EEO counseling process, you must complete a Designation of Representative Form and submit it to the appropriate EEO official.
You should be prepared to provide information and describe the what, when and how you were discriminated against. Be prepared to provide the full names of the involved persons, dates of the incidents, and to discuss what remedies could resolve the issues.
Official time (administrative leave) is appropriate when CBP employees who participate in the equal employment opportunity complaint process as complainants, witnesses, and/or representatives are requested or required to participate during an official administrative (informal and formal) EEO complaint process. Official time must be requested and approved in advance. It is not authorized for participation in federal court EEO proceedings.