LETTER TO ALAN LOPATIN FROM (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92M00732R000700070035-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 23, 2016
• Document Release Date: April 25, 2014
• Sequence Number: 35
• Publication Date: July 5, 1989
• Content Type: MISC

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6CA plE
OCA 89-3097
CENTRAL INTELLIGENCE AGENCY
Office of Congressional Affairs
Washington, D.C. 20505
Telephone:
TO: Alan Lopatin
Deputy General Counsel
Committee on Post Office and Civil Service
Alan,
Enclosed is the material that you
requested on the Agency's complaint system.
It describes how an employee can file a
complaint, the review process, appeals and
other actions an employee can take.
I sent a copy of this to Josh Neiman
early in July.
Hope this is helpful.
Let me know ii
you have any questions.
OBSOLETE
f2?8R6m 1533 PERDIT'I'ga
Distribution:
OrigAddressee
c1 - OCA Rec-OT:cri
1 - Chrono
OCA/Senate,
(1 Sep 89)
(40)
STAT
STAT
STAT
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10 S01-6%et
OCA 89-2167
CENTRAL INTELLIGENCE AGENCY
Office of Congressional Affairs
Washington, D.C. 20505
Telephone
TO:
Joshua Neiman
Staff Assistant to SubcMte on Civil Service
House Post Office and Civil Service Cmte.
Dear Joshua,
Enclosed in the material that you
requested on the Agency's complaint system.
It describes TIOW an employee can file a
complaint, the review process, appeals and
other actions an employee can take. Hope
this is helpful. Let me know if you have
any questions.
Office of Congressional Affairs
Enclosure
OM
FORM .533
OUTE
PREVIOUS
2-86 I EDITIONS.
Distribution:
Orig - Addressee
1 - OCA Record.
1 - Chrono
OCA/Senate
(10 Jul 89)
(40)
STAT
STAT
STAT
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5 July 1989
The Equal Employment Opportunity (EDD) Complaints' System of the
Central Intelligence Agency
1. To initiate the EEO complaint process, the employee or applicant who
believes that he or she has been unlawfully discriminated against on the
basis of age, color, handicap, national origin, race, religion, or sex, or
in reprisal for prosecuting an EEO complaint, must contact the Agency's
Office of Equal Employment Opportunity or a designated directorate EEO
counselor within 30 calendar days of the discriminatory act, The EEO
counselor will attempt to resolve the complaint informally within 21
calendar days of the initial contact.
2. If the complaint is not resolved within 21 calendar days, the
complainant has the right to file a formal, written complaint of
discrimination with the Director of Equal Employment Opportunity. The
Director may accept or reject the formal complaint, in whole or in part (see
29 C.F.R. S 1613.215).
3. When the Director of EEO has accepted a formal complaint, he will
authorize a formal investigation by an investigator of the Office of
Inspector General (OIG).
4. After reviewing the investigator's report, and prior to issuing a
Proposed Disposition of the complaint, the Director of EEO will offer the
complainant the opportunity for an informal adjustment meeting.
5. If the Proposed Disposition does not support a finding of
discrimination, the complainant will be offered the opportunity for a
hearing by an Administrative Law Judge or a Final Agency Decision without a
hearing.
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6. If the complainant is not satisfied with the Final Agency Decision,
he or she has the right to appeal to the Office of Review and Appeals of the
Equal Employment Opportunity Commission within 20 calendar days of the
agency decision, or to file a civil action in Federal District Court within
30 calendar days of the agency decision.
7. The complainant has the right to file a civil action in Federal
District Court if the agency fails to issue the agency decision within 180
calendar days of filing a complaint with the agency, or if final action 'is
not taken on an appeal to the Office or Review and Appeals within 180
calendar days of filing the appeal.
8. The complainant alleging age discrimination may avoid the
administrative process described above by immediately filing a Notice of
,Intent To .Sue_Andf_thereafterv_wait 30 calendar days before filing a civil
action in Federal District Court.
9. When a complainant becomes involved in a court proceeding or is
required to submit an affidavit in connection with litigation, the Agency
instructions governing such outside activities will be followed.
10. Any employee or applicant who believes that he or she is being
sexually harassed should make it clear to the instigator that the behavior
is offensive and, if not stopped, it will be reported to the appropriate
supervisor. If the individual is afraid of confronting the instigator, then
the complainant may report the harassing behavior to the supervisor or next
higher supervisor without first confronting the instigator. The complainant
also has the right to use the established Agency EEO complaints' system
described above, in addition to, or in lieu of, reporting the harassment to
the appropriate supervisor.
11. Employees who engage in an act or acts of unlawful discrimination
or sexual harassment will be subject to disciplinary action in accordance
with Agency regulations and corrective action under 29 C.F.R. ? 1613
Appendix A (2).
12. At any stage of the EEO complaints' process, complainants have the
right to be accompanied, represented and advised by a representative of
their choice. The representative may be required to sign a nondisclosure
agreement. When a complainant elects to have representation, the Office of
EEO must be notified.
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
WASHINGTON, D.C. 20506
FILING A DISCRIMINATION COMPLAINT
If You Are A Federal Government Employee
If you, as an employee of the Federal government or as an applicant
for Federal government employment, believe that you have been discrimi-
nated against when applying for a job, on your job or in the terms and
? conditions of your employment, because of your race, color, religion,
sex, national origin, mental or physical handicap or because of age, you
may file a discrimination complaint against the agency.
Procedures For Processing Your Complaint
o You should contact the EEO Counselor of the agency where you
work or applied for a job within 30 calendar days of the alleged dis-
criminatory action.- The counselor will make an informal inquiry into
the .matter and seek a solution of the matter on an informal basis.
o You may file a complaint with the Director of EEO (or other
appropriate agency official), if informal resolution cannot be affected
within 15 calendar days after your final interview with the EEO Counse-
lor or after 21 calendar days from your first contact with the Counselor
about the matter, if no informal resolution is effected.
o The official who received the complaint will advise the EEO
director of the agency, who will assign an investigator from a unit of
the agency other than that in which your complaint arose.
o An investigation is conducted. You are given a copy of the
investigative file. The EEO officer provides an opportunity for an
informal adjustment.
o If an adjustment is not made, the EEO officer notifies you, by
letter, of the proposed disposition of your complaint, advising you of
your right to a hearing or to an agency decision without a hearing.
o If you do not reply within 15 calendar days, the EEO officer
may adopt the proposed disposition as the agency decision, providing (s) he
has been delegated this authority. Otherwise, your complaint is forwarded
to the agency head (or designee) for an agency decision.
o If you ask for a hearing, the agency requests the Equal Employ-
ment Opportunity COmmission (Mr) to assign an MCC Admthistrative Judge
to conduct a hearing.
o The hearing is transcribed verbatim. The Administrative Judge
makes his/her findings and recommended decision and forwards it and the
complaint file to the agency head (or designee).
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o The head of the agency (or designee) makes a final agency
decision, based on the file, and gives you a copy of the Complaints
Examiner's recommended decision and verbatim transcript of the hearing.
If the agency rejects or modifies the recommended decision, it must
state in its decision its reasons and provide a copy to you.
o You have the right to appeal to the Office of Review and
Appeals of the Equal Employment Opportunity COmmission within 20 calen-
dar days of the agency decision. If you do not appeal the agency decision,
you have the right to file a civil action in Federal District Court within
30 calendar days of the agency decision. *
o If you appeal to the Office of Review and Appeals, you may
file a civil action in Federal District Court if you are not satisfied
with the decision in the appeal.
o You may file a civil action in Federal District Court if the
agency fails to issue the agency decision within 180 days of filing the
complaint or if final action is not taken on an appeal to the Office of
Review and Appeals within 180 days of filing the appeal. *
o If your allegation is that you were discriminated against because
of your age, you may avoid the administrative process described above by
filing a Notice of Intent to Sue. * ?
You Should Know ?
o You have the right to be represented by a person of your own
choosing at any stage in the presentation of your complaint, including
the counseling stage.
o Charges of violations of the Equal Pay Act (EPA) are not processed
as above. All EPA charges must be filed directly with EECC at any of its
district or area offices.
* In age discrimination cases, you may file an administrative complaint,
complete the administrative process, and then file a civil antion, or you
may choose not to file an administrative complaint and, instead, directly
file a civiI-Ection, provided that you notify EEC, in writing, within
180 calendar days of occurrence of the discriminatory act of your intent
to file suit and, thereafter, wait 30 calendar days. Regardless of whether
you file an administrative complaint or, alternatively, a Notice of Intent
to Sue, any civil action must be filed within six years of occurrence of
the discrminatory act.
EQUAL EMPLUZAM/r OPPORTUNrrY COMMISSICV
Office of Program Operations
Public Sector Programs
October, 1983
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