Indiana - File a Formal Complaint of Discrimination

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Procedure

Apply In Person

1. To File a Formal Complaint of Discrimination, first the applicant has to approach nearby U.S. Equal Employment Opportunity Commission office link
2. The applicant has to approach the EEO Counsellor and they will guide the applicant regarding filing the complaint

Step 1: Filing a Formal Complaint

1. If the applicant decides to file a discrimination complaint, the applicant must do so within 15 days from the day they received notice from their EEO Counsellor about how to file a complaint.
2. This notice is sent to the applicant after their final interview with the EEO Counsellor.
3. The applicant must file the complaint at the same EEO Office where they received counselling.
4. To file the complaint the applicant must download and complete the application form given in the following link link

Note:
The 15-day deadline for filing a complaint is calculated in calendar days starting the day after you receive the notice. If the 15th calendar day falls on a Saturday, Sunday, or federal holiday, then the last day of the deadline is the next business day.

Step 2: Investigation of Complaint

1. Once the complaint is filed, the agency will send a letter letting the applicant knows that they received the applicant’s complaint.
2. The agency will also review the complaint and decide whether the case should be dismissed for a procedural reason (for example, the claim was filed too late). If the agency doesn't dismiss the complaint, it will investigate it.
3. The agency has 180 days from the day the applicant filed his complaint to finish its investigation. The investigation may be extended by another 180 days if new events are added to the complaint or if the applicant file new complaints that must be added to the original complaint for investigation.
4. When the investigation is finished, the agency will give the applicant two choices:
   • Either request a hearing before an EEOC Administrative Judge
   • Or ask the agency to issue a decision as to whether discrimination occurred.

Step 3: Final Submission

1. After investigation the agency provide the copy of the investigative file, and notice of rights. Within 30 days of the receipt of these materials, the applicant must request either an Equal Employment Opportunity Commission (EEOC) hearing or an immediate final agency decision from the Department.
2. If the applicant fails to make an election, the agency will issue a final decision based on its review of the investigative file. The agency will issue its decision within 60 days from receipt of request, or from the request of the EEO Office if the applicant fail to make an election.
3. If the applicant requests a hearing from the EEOC, an Administrative Judge (AJ) shall oversee discovery, conduct a hearing, and issue a decision on the complaint. The applicant must also notify the Department if he/she request a hearing. If a finding of discrimination is made, the AJ will order an appropriate remedy. The AJ must complete this process within 180 days of receipt of the complaint file from the Department.
4. The Department, within 40 days of its receipt of the AJ’s decision, must take final action on the complaint by issuing a final order notifying the applicant whether or not it will fully implement the AJ's decision. The final order will also explain the applicant’s appeal rights. If the Department does not issue a final order within the above-stated time limit, the AJ's decision will become the final action of the agency.
5. After receiving the Department's final order, the applicant may appeal it to the EEOC within 30 days of receipt. The applicant may file a civil action in U.S. District Court within 90 days of the receipt of the final order.

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Required Documents

• Application form link
• Proof of Identity (driving licence, birth certificate, passport etc)

Office Locations & Contacts

U.S. Equal Employment Opportunity Commission
EEOC Headquarters
131 M Street, NE
Washington, DC 20507
202-921-3191
1-800-669-6820 (TTY)
1-844-234-5122 (ASL Video Phone)
Email: [email protected]
EEOC Field Offices link

Note:
The applicant has to enter the zip code to find nearby office to them

Eligibility

• Any person who intends to file a formal complaint of discrimination is eligible to make this application.

Fees

• The Fee for this procedure has to be paid as per the authority’s request.

Validity

• The validity of the complaint is for one time.

Documents to Use

• Application form link

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The processing time for this procedure takes up to 4 – 12 months.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&>
from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Applicant must complete the application form before submitting. Incomplete applications will not be accepted.
• Applicant must provide genuine information while applying for this procedure.

Required Information

The discrimination complaint must contain the following:

• Name
• Address
• Telephone number
• A short description of the events that the applicant believe were discriminatory (for example, you were terminated, demoted, harassed)
• Why the applicant believe that they were discriminated against (for example, because of your race, colour, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information or retaliation)
• A short description of any injury the applicant suffered
• Applicant’s signature (or applicant’s lawyer's signature).

Need for the Document

• The discrimination complaint process administered by S/OCR is an administrative process to resolve disputes alleging acts of employment discrimination prohibited by equal employment opportunity (EEO) laws and regulations. It is available to any U.S. citizen employee or applicant for employment who alleges he/she has been subjected to unlawful discrimination based on race, colour, religion, sex, national origin, age, disability, or sexual orientation.

Information which might help

For More Information link

Other uses of the Document/Certificate

• An employee formal complaint form is used by an organization's administration to document employees' concerns, problems, or frustrations. It is used to effectively issue employee complaints on paper, for record-keeping purposes.

External Links

Link

Others

• The role of the agency investigator is to gather information related to the complaint. Agency investigators do not decide the case. Instead, they are responsible for gathering the evidence needed to decide whether the applicant was discriminated against.