If you are a Department of Energy (DOE) federal employee, former employee, or applicant for employment with the DOE, you may initiate the DOE equal employment opportunity (EEO) complaint process if you believe that you have been discriminated against based on one or more of these factors: race; color; religion; sex (including pregnancy); national origin; age (40 and over); disability (physical and/or mental); genetic information; or retaliation for prior protected EEO activity.
INFORMAL STAGE
To initiate the EEO process, you must first contact an EEO Counselor at the DOE Office of Civil Rights/Equal Employment Opportunity office where you work or where you applied for a job, to file an informal EEO complaint. You must do so within 45 days of the alleged discriminatory act (limited exceptions apply). At the initial counseling session, you may select either traditional EEO counseling or mediation, a type of Alternative Dispute Resolution (ADR).
EEO COUNSELING
The EEO Counselor will provide you with information about your rights and responsibilities in the EEO complaint process. You have the right to request confidentiality during the informal stage of the process. With your permission, the EEO Counselor will attempt to informally resolve the dispute. If the dispute is not resolved, you will be given a Notice of Right to File a Formal Complaint. The EEO Counselor will inform you of where to file your formal complaint.
FILING A FORMAL COMPLAINT
Your formal complaint must be specific, and limited only to those matters previously discussed with the EEO Counselor. The complaint will then be accepted or dismissed, based on timeliness and whether the alleged discrimination affects a term or condition of your employment, among other factors. If your complaint is accepted for processing, an investigation will be conducted. When the investigation has been completed, you will receive a copy of the Report of Investigation. In most cases, you may then request a hearing, or a Final Agency Decision without a hearing.* If your complaint is dismissed, you may generally appeal that decision to the U.S. Equal Employment Opportunity Commission (EEOC), or file a civil action in U.S. District Court.*
HEARING*
If you request a hearing, that hearing will be held by an EEOC Administrative Judge (AJ). After the hearing, the EEOC AJ will issue a decision on the complaint. The Department will then issue a Final Order, informing you of whether DOE agrees with the AJ, and whether DOE will grant any relief in your case. If you are dissatisfied with the DOE Final Order, you may appeal it to the EEOC, or file a civil action in U.S. District Court.
FINAL AGENCY DECISION WITHOUT A HEARING*
If you request a Final Agency Decision without a hearing, DOE will issue a decision on your complaint. If you are dissatisfied with the DOE Final Agency Decision, you may appeal it to the EEOC, or file a civil action in U.S. District Court.
MEDIATION
You may request mediation at any time during the complaint process. If you select mediation and management agrees to participate, a neutral third party will work with you and management in an effort to reach a settlement. If you choose to enter into mediation, the office will continue to process your EEO complaint.
NOTICE TO AGGRIEVED INDIVIDUAL REGARDING ALLEGATIONS OF HARASSMENT
Pursuant to requirements of the U.S. Equal Employment Opportunity Commission (EEOC), an EEO Counselor must refer allegations of harassment filed in an informal EEO complaint to DOE's separate Anti-Harassment Program (AHP) located in DOE's Office of the Chief Human Capital Officer (HC), Office of Policy, Labor and Employee Relations (OPLER). DOE's AHP was established in 2022 by DOE Policy Memorandum #102, Prevention and Elimination of Prohibited Harassing Conduct. An EEO counselor must refer allegations of harassment to the AHP, even when the alleged harassed employee requests that an allegation of harassment not be referred to the AHP. When an EEO Counselor refers an allegation of harassment to the AHP, your anonymity may be protected, if you have elected anonymity in the informal EEO complaint process and if you wish to remain anonymous in the referral to the AHP. The DOE AHP is separate and distinct from the Department's EEO complaint process, which is established by EEOC regulation and managed by the DOE Office of Civil Rights and Equal Employment Opportunity (OCR-EEO). The AHP does not replace or affect an employee’s right to file an equal employment opportunity (EEO) complaint.
*If your case is a mixed-case complaint, you do not have a right to a hearing or to appeal a DOE decision to the EEOC. However, you do have the right to appeal a DOE decision in a mixed-case complaint to the Merit Systems Protection Board (MSPB).