Can an employee raise claims of discrimination through the negotiated grievance procedures and file a formal EEO complaint?
No. When an employee is covered by a collective bargaining agreement that permits claims of discrimination to be raised in a negotiated grievance procedure, the employee must elect to file a formal EEO complaint or a grievance. The underlying principle is that an employee who has a choice of forums in which to proceed cannot go forward in more than one forum. This is true “irrespective of whether the agency has informed the individual of the need to elect or of whether the grievance has raised an issue of discrimination”.
