Formal Complaints by Administrative Agencies

Bringing all of the Complaints Together
It is possible to submit a fresh and independent complaint in response to a new allegation that is neither similar to nor connected to a took form one. When a new, unrelated claim files, the complainant must submit it to an EEO Counselor, and the latest allegation is subject to all of the regulation case processing procedures. To address a specific fragmentation issue, 29 CFR 1614.606 allows agencies to combine for standard treatment two or more claims of discrimination submitted by the same complainant once proper notice to the parties. [4] The majority of consolidated complaints expect to be investigated together; however, in certain circumstances (such as when there is a significant geographic spacing between the locations of two complaints), convergence does not preclude an organization from investigating each grievance separately. However, in all cases where a person wants a hearing, the combined complaints should be considered by a single Executive Judge before issuing the notification required by 29 CFR1614.108(f) at the end of the inquiry, and an agency must combine all complaints submitted by the same complaint into a single document. Whenever a complaint merges with a previously filed complaint, the agency must finish its inquiry no later than 180 days just after filing the previous complaint or no later than 360 days after filing the initial complaint. For additional information on time restrictions, see Section II.A.1 of the Chapter. An individual who files a complaint has the right to seek a hearing after 180 days have passed since the original complaint, even though the agency’s inquiry is not yet complete. This right applies even in the event of combined complaints. If two or even more complaints of prejudice submitted by the same complainant have not the previous consolidation, an Appellate Judge or the board may do so at their discretion.

Pending Complaints can be Amended
29 CFR 1614.106(d) allows a complainant to modify an existing EEO claim to include similar or connected allegations to the claim(s) made in the current complaints.

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[3] The complainant need not seek counseling for these additional allegations—Braxton v. USPS, EEOC No. 0120102410 (Oct. 29, 2010). After requesting a hearing, the complainant may submit a petition with the Administrative Court to modify the complaint to include similar or related allegations. It often happens when a claimed discriminatory event occurs after an EEO files complaint. Historically, agencies used these events to file a separate EEO report. However, a fresh incidence of discrimination that makes a claim similar to or connected to the previous complaint does not warrant a new EEO complaint. Instead, one should update that complaint to reflect the additional discrimination. As part of an EEO complaints investigation, a complainant may make a new allegation of discrimination.

Offers evidence to support a current assertion but does not establish a new claim

Makes a new share similar to or connected to the existing lawsuit;

Creates a new claim unrelated to the present complaint’s allegation(s).

The designee must advise the complainant to send letters to the agency’s EEO Administrator explaining the new event(s) and indicating that he/she wants to modify his/her complaints to include the recent occurrence (s). To expedite the examination of the new allegations, the EEO Coordinator or designee must evaluate this request.

Dismissal Procedure
29 CFR 1614.107 outlines when an agency may reject a complaint (a). When a plaintiff seeks a hearing, the agency’s power to dismiss cases. An agency should expedite dismissals. See EEOC, protecting accessibility to the law system: frequent errors by Federal Departments in dismissing discrimination or harassment on methodological grounds.

In addition, the government shall provide a duplicate of the suit filed if it rejects a claim under 29 CFR 1614.107(a)(3).

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