Rights and Responsibilities

1. remain anonymous in the counseling phase, unless you waive this right.
2. be represented throughout the complaint process, including during the counseling stage and in any alternative dispute resolution (ADR) procedure. (Your EEO counselor is strictly neutral in the EEO process, neither an advocate for you nor an advocate for the agency against which you brought your complaint.)
3. be advised of the time frames in the complaint process.
4. choose between the agency’s alternative dispute resolution (ADR) process (where the agency agrees to offer ADR in the particular case) and EEO counseling and receive information about each procedure. (The ADR process used at USDA/NRCS is mediation. The mediator, like an EEO counselor, is strictly neutral in the EEO process, not an advocate either for you or for the agency.)
5. file a lawsuit when you allege age (under the Age Discrimination in Employment Act, or ADEA) as a basis for discrimination, instead of filing an administrative complaint of age discrimination. Before you can file such a lawsuit, you must file a notice of intent to sue with EEOC. 29 CFR 1614.201(a)
6. go directly to a court of competent jurisdiction on claims of sex-based wage discrimination under the Equal Pay Act, instead of pursuing your claim under the administrative system. 29 CFR 1614.408
7. be advised of class complaint procedures and the responsibilities of a class agent if you inform the counselor that you wish to file a class complaint.
8. agree in writing to an extension of no more than 60 calendar days beyond the initial 30-day counseling period.
9. receive in writing within 30 calendar days of the first counseling contact (unless you elect the ADR process or agree in writing to an extension of counseling) a notice terminating counseling and informing you of:
• the right to file a formal individual or class complaint within 15 calendar days of receiving the notice,
• the appropriate official with whom to file a formal complaint, and
• your duty to immediately inform the agency if you retain counsel or a representative.
10. receive in writing at the conclusion of the ADR process, where you have agreed to participate in that process, or within 90 days of your first contact with the EEO counselor, if the ADR process has not been completed, written notice terminating the counseling period and providing your rights to file a formal complaint (see #9).
11. file a formal complaint only on those claims raised in—or like or related to those claims raised in—counseling, and amend a formal complaint after it has been filed with claims like or related to those in the original complaint.
12. receive notice when the agency consolidates two or more of your complaints, including notice that:
• the agency shall complete its investigation within the earlier of 180 days after the filing of the last complaint or 360 days of the filing of the first complaint, but that
• you may still request an EEOC hearing (see #13) at any time after 180 days from filing the first complaint.
13. receive a copy of the investigative file at the close of the investigation and notice of the option of mediation as well as your right to request either a hearing or an immediate final decision by the agency.
14. request a hearing before an EEOC administrative judge (except in a mixed case) after 180 calendar days from the filing of a formal complaint or after completion of the investigation, whichever comes first. (The agency’s letter acknowledging your complaint will have provided you with: the address of the EEOC field office to which you must send the hearing request and the address of the agency official to whom you must send a copy of your hearing request.) §1614.108(g)
15. request an immediate final decision by the agency after an investigation. §1614.108(f)
16. go to U.S. District Court 180 calendar days after filing a formal complaint or 180 days after filing an appeal. §1614.407
17. interim relief (see §1614.502 and §1614.505 for details) should the agency appeal an EEOC decision or award.

18. choose either to use your union’s negotiated grievance procedure (where the collective bargaining agreement permits raising claims of discrimination) or to pursue your complaint through the EEO complaint procedures at 29 CFR 1614.
19. choose either to take your claim to the Merit Systems Protection Board (MSPB) if your claim is appealable to MSPB (that is, is a “mixed case”) or to pursue your mixed-case complaint through the EEO complaint procedures at 29 CFR 1614. (Actions appealable to the MSPB are listed on the back of this letter.)
20. send your hearing request directly to EEOC, where you elect a hearing by an EEOC administrative judge, and provide a copy of the request to the USDA, Office of Civil Rights.
21. meet timeframes in the complaint process, including:
• contacting an EEO counselor within 45 days of learning of the matter that causes you to be aggrieved;
• filing a formal complaint within 15 days of receiving notice of right to file a formal complaint or on the 30th day in counseling if you have not agreed to extend the process;
• appealing to EEOC (see §1614.402 for details):
within 30 days of receiving a dismissal or agency final decision or final action or 35 days after serving the EEO director with notice of agency noncompliance with a settlement agreement entered into in your case, but no later than 30 days after receiving the agency determination
• filing a civil action in U.S. District Court—
• within 180 days of filing a complaint, if no action has been taken (§1614.407)
• within 90 days of receiving an agency final action, if no appeal has been filed (§1614.407)
• within 180 days of filing an appeal, if EEOC has not made a decision (§1614.407)
• within specified time limits at various points in the process, where a case is a mixed-case complaint or a mixed-case appeal to MSPB (see §1614.310 for details)
22. keep the agency and EEOC informed of your current mailing address and serve copies of hearing requests and appeal papers on the agency.
23. mitigate damages. If you are terminated, for example, you have a duty to pursue employment to minimize your losses, since interim earnings or amounts that could be earned with reasonable diligence are generally deducted from any award of back pay.
24. examine an agency’s offer of resolution (you have 30 days to accept or reject) with the understanding that rejecting an agency’s offer of resolution made pursuant to §1614.109(c) may result in the limitation of the agency’s payment of those attorney’s fees or costs incurred after the 30-day acceptance period has expired.