Federal employees facing workplace discrimination, harassment, or retaliation have specific legal protections under federal law. One key option for seeking justice is filing a complaint through the Equal Employment Opportunity Commission (EEOC). However, the process for federal employees is distinct from that of private-sector workers and involves strict deadlines and procedures.



At The Lovitz Law Firm, we assist Philadelphia’s federal employees in navigating the EEOC process, ensuring their rights are preserved every step of the way.

Step 1: Contact an EEO Counselor

Before you can formally file a complaint with the EEOC, you must initiate contact with your agency’s Equal Employment Opportunity (EEO) Counselor. This must be done within 45 days of the discriminatory act.

What happens during counseling:

• The EEO Counselor will informally investigate the complaint.
• You may be offered mediation (alternative dispute resolution).
• The goal is to resolve the matter informally within 30 days (sometimes extended to 90 days if mediation is pursued).

Step 2: File a Formal Complaint

If the issue isn't resolved informally, the Counselor will provide a Notice of Right to File a Formal Complaint. You then have 15 days to file a formal complaint with your agency’s EEO office.

What to include in your complaint:

• A detailed description of the incident(s)
• The basis of discrimination (e.g., race, gender, age, disability)
• Any supporting documentation or witnesses

The agency will acknowledge your complaint and decide whether to accept it for investigation.

Step 3: Investigation

If your complaint is accepted, the agency must investigate it within 180 days (extensions may apply).

During this phase:

• The investigator will collect evidence and interview witnesses.
• You may be asked to provide a written statement.
• Once complete, you will receive the Report of Investigation (ROI).

Step 4: Request a Hearing or Final Agency Decision (FAD)

After receiving the ROI, you have two main options:

1. Request a hearing before an EEOC administrative judge. This must be done within 30 days.
2. Request a Final Agency Decision (FAD) from your employer without a hearing.

If you opt for a hearing, a judge will review the evidence, hold proceedings if needed, and issue a decision. If you request a FAD, the agency will decide based on the written record.

Step 5: Appeal or File a Lawsuit

If you disagree with the agency’s final decision or the administrative judge’s ruling, you have further rights:

• File an appeal with the EEOC’s Office of Federal Operations (OFO) within 30 days.
• File a lawsuit in federal court after exhausting administrative remedies.

Deadlines are critical. Missing even one can jeopardize your case.

Why Legal Guidance Matters

The federal EEOC complaint process is highly technical and time-sensitive. At The Lovitz Law Firm, we help Philadelphia’s federal employees file effective complaints, meet critical deadlines, and build strong cases from the start.