As a Civil Rights Service Provider (CRSP) and Civil Rights Awareness training instructor, I am often asked about the complexities of the Equal Employment Opportunity/Equal Opportunity (EEO/EO) discrimination complaint process. One topic that I frequently dedicate significant time to is discussing the complaint process graphic (pictured at the end of this article) and answering questions from members. I like to remind everyone that this is why they have me! I’m passionate about my job and I love helping my fellow Coasties. No one should be expected to navigate the Civil Rights Complaint Process alone.
If you only remember one thing from this article, let it be this; you have 45 days from the last incident to raise a complaint. Once you contact your CRSP, they will walk you through the remainder of the process. Additionally, even if you are unsure of the dates or believe you have exceeded the 45 day window, never hesitate to speak with your CRSP. There are still opportunities for resolution at the informal level!
Your CRSP will explain all the available options at every step. Options differ slightly between military and civilian members and your counselor is there to educate you on the different avenues available to you. All members will enter the informal phase before being given the option to file a formal complaint.
For military members, the informal phase includes the Military Equal Opportunity Period which allows 15 calendar days for their command to seek resolution before informal counseling begins. For both military and civilian informal complaints, counseling provides up to 30 calendar days for a CRSP to facilitate between the parties. If no resolution is reached, the option to enter the formal stage is provided. The CRSP will issue a notice of right to file a formal complaint explaining that the complainant and they has 15 calendar days to decide if they want to proceed. If they do, and the complaint is accepted by their region, the Coast Guard has up to 180 calendar days from the date of filing, absent any amendments or case consolidations, to complete a formal investigation.
Additionally, Alternative Dispute Resolution (ADR) in the form of mediation is an available option at any time during the informal and formal complaint periods for both military and civilian members. Upon receipt of the report of investigation, military members have the option of receiving a final agency decision or withdrawing their complaint. The Coast Guard will issue a final agency decision within 60 calendar days and the complainant then has up to 30 calendar days to file an appeal with the Department of Homeland Security if they choose. Civilian members can opt to request a final agency decision, issued by the DHS Office for Civil Rights and Civil Liberties, withdraw their compliant, or request a hearing with the Equal Employment Opportunity Commission within 30 calendar days of receipt of the report of investigation. Civilians may appeal final hearing or final agency decisions with the EEOC or Merit Systems Protection Board, if applicable.
Understanding the steps for entering the complaint process and the options available can seem complex, but you don’t have to navigate it alone. Your local CRSP is a valuable resource, ready to provide guidance on the process and answer questions from managers, employees and service members to help reach resolution. You can also learn more about the EEO/EO complaint process on the CRD's SharePoint page.
