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Frequently Asked Questions USAJOBS

How do I submit a complaint about discrimination in the application process?



A Federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex, national origin, age, disability, marital status, political affiliation, sexual orientation, gender identity, or any other factor that is not related to job performance. Discrimination on these bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b)(1), (b)(10); 29 U.S.C. 206(d); 29 U.S.C. 633a; 29 U.S.C. 791; and 42 U.S.C. 200e-16.

If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, national origin or disability, you must contact an Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination with your agency. See, e.g. 29 CFR 1614.

If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discriminatory action. For further information, check the EEOC's website at www.eeoc.gov.

If you are alleging discrimination based on marital status, political affiliation, sexual orientation, gender identity, or any other factor that is not related to job performance, you may file a written complaint with the United States Office of Special Counsel (www.osc.gov).

In the alternative, you may pursue a discrimination complaint by filing a grievance through your agency's administrative or negotiated grievance procedures, if such procedures apply and are available.

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