Discrimination Complaint and Civil Litigation Process Essay Example

of an EEOC complaint, an informal inquiry is conducted to resolve the issue. All relevant information is disclosed to both management and the plaintiff, who are given a timeframe of 30-60 days to reach a resolution. If the complaint is deemed valid, one of the investigators from the Department of Defense's Office of Complaint Investigation will undertake a formal investigation that includes a Report of Investigation.

Upon completion of an inquiry, a Report of Investigation is generated. The individual filing the complaint has the option to either request a hearing with the EEOC or obtain a final determination from the component/agency without holding one. If they choose to have a hearing, it must occur within 180 days and be overseen by an EEOC Administrative Judge. In order for the hearing to proceed, the complainant must notify the agency and provide all required documentation to the EEOC within 15 days after receiving notification.

The EEOC Administrative Judge will issue a final decision within 180 days of the complainant's hearing request. If the agency does not appeal within 40 days, they must comply with the decision which becomes final after 40 days. Complainants have a 30-day period to initiate their own appeal followed by an additional 30-day period to present a statement.

The Discrimination Complaint System requires an agency to give interim relief to a complainant if discrimination is found, including placing them in their previous position and providing pay and benefits. If this would cause too much disruption, future pay and benefits must be provided instead. The Administrative Judge will decide on attorney fees and compensatory damages.The processing procedures for federal EEO complaints can be found at http://www.cpms.osd.mil/cip/per_data/27.html, dated

19 May 2005.The website http://www.eeoc.gov/federal/fedprocess.html was accessed on May 20, 2005.