Right to an Appeal
If an individual is dissatisfied with the Final Agency Action issued by the Department of Health and Human Services (HHS), the individual may appeal to the Equal Employment Opportunity Commission's (EEOC's) Office of Federal Operations (OFO) within 30 calendar days of receipt of the Final Agency Action.
Right to File a Civil Action
If an individual does not file an appeal with the OFO, the individual may file a civil action in an appropriate U.S. District Court within 90 calendar days of receipt of the Final Agency Action.
If an individual files an appeal and is then dissatisfied with the OFO's decision, the individual may request reconsideration within 20 calendar days of receipt of the decision; or may file a civil action in a U.S. District Court within 90 calendar days of receipt of the decision on the appeal. A civil action may also be filed if the OFO does not issue a decision within 180 calendar days from the date that the appeal was filed.
Individuals who raise a claim under either the Age Discrimination in Employment Act or the Equal Pay Act may bypass the administrative EEO complaint process by filing a notice of intent to sue with the EEOC at least 30 calendar days before filing a civil action in the appropriate U.S. District Court.
Individual Rights During the Formal Complaint Stage
Right to a representative of his or her choice, as long as the identified representative does not create a conflict of interest or the appearance thereof. Representatives may be attorneys or non-attorneys.
Right to a reasonable amount of official time to present the complaint and to respond to requests for information from sources, including HHS, NIH, or the Equal Employment Opportunity Commission (EEOC).
Right to request to participate in the ADR process at any time during the formal complaint process before requesting a hearing or Final Agency Decision.
Right to amend the original Formal Complaint at any time prior to the conclusion of the investigation to include issues or claims that are like and related to those alleged in the original complaint.
Right to request a Final Agency Decision based on the investigative record or to request a hearing before an EEOC administrative judge.
Right to file a motion with the EEOC administrative judge to amend the complaint at the hearing stage.
Right to appeal the outcome of the Final Agency Decision to the EEOC; or, in the case of a hearing the right to appeal the Agency’s final order.
Right to bypass the administrative EEO complaint processing under the Age Discrimination in Employment Act and pursue a civil action in an appropriate U.S. District Court after providing written notice to the EEOC at least 30 calendar days before filing a civil action.
Right to bypass the administrative EEO complaint process under the Equal Pay Act to pursue a civil action in U.S. District Court.
Individual Responsibilities During the Formal Complaint Stage
To avoid any undue delay in processing the Formal Complaint, individuals have the following responsibilities:
Individuals must meet the required time frames at each stage of the Formal Complaint process.
Individuals must provide a written explanation to the EDI Director of NIH EDI Office, if they fail to file the complaint within the required 15 calendar days of the alleged discriminatory occurrence.
Individuals must cooperate with all EEO officials including EEO investigators.
Individuals must provide a prompt response to requests for information.
Individuals must keep EDI informed of their current address and telephone number; and, if they have a representative, individuals must provide EDI with the representative’s current contact information