Formal Complaint Process

The investigation will encompass all the information relevant to the accepted allegations and may, when appropriate, include comparative data on other similarly situated individuals. Verbatim statements, interrogatories, or other forms of fact-finding may conduct the investigation. During the investigation, you can present all the facts you believe show unlawful discrimination.

OEOCRP has 180 calendar days from when you filed your complaint to complete the investigation and provide the Report of Investigation. Extensions may be necessary.

You have 30 calendar days from receiving the Report to elect for either a Final Agency Decision by DOI or a hearing before an Equal Employment Opportunity Commission Administrative Judge.

If you request a Final Agency Decision, the Office of Civil Rights (a neutral division within DOI) will issue a written decision within 60 calendar days of receiving your notice of election.

If your complaint involves an appealable matter to the Merit Systems Protection Board, a hearing is not held, but the Office of Civil Rights will issue a written decision within 45 calendar days of the completion date.

The decision will either include an analysis of the merits of each claim accepted in your complaint or a decision to dismiss some or all of your claims. If a finding of discrimination is made, the decision will also identify the corrective action to which you are entitled.

If you request a hearing, you can present witnesses and evidence on your behalf to an Administrative Judge. The Administrative Judge will decide on your complaint subject to a final order by the Office of Civil Rights Director.

Your request for a hearing must be sent directly to:

The Office Equal Opportunity and Civil Rights Program (OEOCRP)
Bureau of Indian Affairs (BIA), U.S. Department of the Interior (DOI)
C/O: Director and Complaints Manager, OEOCRP
1849 C Street, N.W., MS-4600-MIB
Washington, D.C., 20240
Email:BIA_BIE_EEO@BIA.GOV

Once you elect to have a hearing, the EEOC Administrative Judge will have full and complete authority over your complaint and decide it. This will become DOI's final action unless DOI appeals the decision.

In lieu of an appeal to the EEOC or if you are not satisfied with the EEOC's decision, you may file a civil action in the appropriate United States District Court. You must file the action within 90 calendar days of receipt of the decision or final order after a hearing decision. Also, you may file a civil action 180 calendar days after you filed your complaint if a decision has not been issued and you have not appealed to EEOC.