I have heard that Federal employees must exhaust administrative remedies before filing a civil action under Title VII of the Civil Rights Act of 1964; Age Discrimination in Employment Act and Rehabilitation Act. What does this mean?
Unfortunately the agency internal process is often lengthy and ineffective. Nevertheless, Federal employees must give the agency an opportunity to resolve claims against it despite the protracted process. Filing in court prematurely may jeopardize your case and cause it to be DISMISSED. See 42 U.S.C.2000e-16(c). Employees who allege discrimination must consult with an agency Equal Employment Opportunity counselor before filing a written complaint with the agency accused of discriminatory practices. See 29 C.F.R. 1614.105(a); 29 C.F.R. 1614.106(a)-(c). A complainant must initiate contact with [an EEO] Counselor within 45 days of the date of the matter alleged to be discriminatory 29 C.F.R. 1614.105(a)(l). The agency must then investigate the matter within 180 days, after which the complainant may demand an immediate final decision from the agency or a hearing before an administrative judge. See 29 C.F.R. 1614.106(e)(2); 29 C.F.R. 1614.108(f)-(g). If an employee subsequently amends the c
Related Questions
- I have heard that Federal employees must exhaust administrative remedies before filing a civil action under Title VII of the Civil Rights Act of 1964; Age Discrimination in Employment Act and Rehabilitation Act. What does this mean?
- Who makes the decision about granting an extension for filing a civil action in a Federal district court?
- What is the time limit for filing for civil action in a federal district court?
