Civilian Equal Opportunity Complaint Process

Who May File

Civilian EO Eligibility

Only USAF employees, former employees, and applicants for employment may file civilian Equal Opportunity complaints.

Bases for Complaint

Civilian Complaint Bases

An aggrieved person can file a complaint if discriminated against on the basis of:

Race
Color
Religion
Sex
National origin
Age (40 and older)
Disability

OR if subjected to:

Sexual harassment
Retaliated against for opposing discrimination or for participating in the complaint process

Genetic Information

GINA Coverage

Additionally, an employee can file a complaint under Title II of the Public Law 110-233, *Genetic Information Nondiscrimination Act of 2008*, which prohibits genetic information discrimination for any aspect of employment, including:

Hiring, firing, pay
Job assignment
Promotion
Layoff
Training
Fringe benefits
Any other term or condition of employment

GINA Harassment

To harass or retaliate against a person because of his or her genetic information is illegal under the Genetic Information Nondiscrimination Act.

Civilian Informal Complaint Procedures

Civilian Informal Purpose

The purpose of the civilian informal complaint process is to provide for the prompt, fair, and impartial processing, and resolution of complaints, consistent with legal obligations under Title 29, Code of Federal Regulations, Part 1614, *Federal Sector Equal Employment Opportunity*.

Lowest-Level Resolution

The objective is to seek opportunities to resolve issues at the lowest organizational level at the earliest possible time.

EO Office Coordination

EO + SJA + Mgmt

The Equal Opportunity office will work with management and the Staff Judge Advocate in an attempt to resolve the complainant's concerns.

30-Day Initial / 60-Day Extension

Civilian Informal Timeline

The Equal Opportunity office must complete the informal complaint process within 30 calendar days of the complaint being filed unless the complainant grants an extension not to exceed 60 additional calendar days.

Notice of Right to File

Notice of Right

If the matter is not resolved to the complainant's satisfaction before the end of the authorized period, including extensions, the complainant is issued a notice of right to file a formal complaint.

Civilian Formal Complaint Procedures

Civilian Formal Filing Location

A formal complaint must be filed at the installation where the alleged discrimination occurred.

45-Day Initial Contact

For the complaint to be processed at the formal stage, the initial contact must be within 45 calendar days of:

The date of the matter alleged to be discriminatory, OR
In the case of a personnel action, within 45 calendar days of the effective date or when he or she becomes aware of the personnel action

Required Description

Formal Complaint Description

The complaint must describe the actions or practices that form the basis of the complaint that was discussed with the Equal Opportunity office during the informal complaint process.

15-Day Filing After Notice

15-Day File After Notice

The complaint must be filed with the Equal Opportunity director or designee within 15 calendar days of the complainant receiving the notice of right to file a formal complaint.

Federal Processing Standards

Title 29 CFR 1614 Compliance

The USAF is required to process civilian formal Equal Opportunity complaints in accordance with Title 29, Code of Federal Regulations, Part 1614, *Federal Sector Equal Employment Opportunity Management Directive 110*.

EEOC Requirements

The Equal Employment Opportunity Commission requires federal agencies to discharge certain responsibilities once a civilian formal Equal Opportunity complaint is filed.

180-Day Investigation Window

The Equal Opportunity office must process all formal complaints expeditiously and make a determination whether to:

Accept
Dismiss
Partially dismiss

…a complaint or portion of a complaint to allow an investigation to be completed within 180 calendar days from the date filed.

Civilian Equal Opportunity Complaint Process