Diversity, Opportunity, and Inclusion

How to File a Complaint of Discrimination

Reminder: The D&I Unit acts an appeals body to review complaints of discrimination after they have been adjudicated by the employing agency first and a FAD has been issued. State employees alleging discrimination must first file a discrimination complaint with their agency for review and potential investigation. Please contact your agency’s Human Resources Department to initiate the process.

EEO Discrimination Complaint Manual
How to File an Appeal
How to File a Discrimination Complaint Due to a Conflict of Interest
Agency Responsibilities

Time Requirements for Filing an Appeal

An employee’s appeal must be filed with D&I within 15 calendar days of the date of the FAD.

The date the appeal is filed is the date on which it is postmarked, hand delivered, submitted, or faxed to D&I.

Failure to timely file the appeal will result in the appeal being administratively closed and such failure will be excused only due to extraordinary circumstances.

Duration

Evaluations of appeals generally occur within six weeks. Investigations are generally concluded within 180 days of acceptance. Albeit rare, evaluations and investigations may exceed stated durations.

Filing with the Commonwealth does not preclude you from filing a complaint federally with the U.S. Equal Employment Opportunity Commission (EEOC). See Other Resources for additional information.

In the State of Virginia, an individual has 300 days from the date of alleged discriminatory incident(s) to file a charge with the EEOC against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, genetic information, and/or disability. In the State of Virginia, an individual has 300 days from the date of alleged harm to file a charge with the EEOC against a private, city or county employer with 20 or more employees for discrimination based on age.

Please use our online filing system* and follow the instructions below to ensure that we receive your complaint.

1. Visit our website and follow the instructions for “How to File a Discrimination Due to a Conflict of Interest”
2. Click here to complete EEO Conflict of Interest.
3. Complete all sections denoted with an asterisk (*).
4. Please upload any Supporting Documentation that may assist us in determining acceptance of your complaint.
5. Please provide a signature to affirm that the information you shared is true to the best of your knowledge and belief.

Once your complaint has been submitted, no further action is required by you. Personnel from the D&I Unit will review your complaint and notify you of your complaint status. If you have questions, you may contact us at (804) 225-2136 or 1-800-533-1414. You can also email our Office at dei@dhrm.virginia.gov.

* OWE will no longer accept mailed or paper complaint forms. All forms should be completed and submitted online. If you require assistance, please contact our Office.

Please note that filing with the Commonwealth does not preclude you from filing a complaint federally with the U.S. Equal Employment Opportunity Commission (EEOC). In the State of Virginia, an individual has 300 days from the date of alleged discriminatory incident(s) to file a charge with the EEOC against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, genetic information, and/or disability.

In the State of Virginia, an individual has 300 days from the date of alleged harm to file a charge with the EEOC against a private, city or county employer with 20 or more employees for discrimination based on age.

Time Requirements for Filing a Discrimination Complaint Due to a Conflict of Interest

All state employees, former state employees, and applicants for state employment may file a complaint of discrimination if they meet the requirements as outlined in Discrimination Complaints Due to a Conflict of Interest.

Persons meeting the above requirements, may file a Discrimination Complaint with D&I within 180 calendar days of the last act of alleged discrimination.

The date the DCF is filed is the date on which it is postmarked, hand delivered, submitted, or faxed to D&I.

Duration

Evaluations of discrimination complaints due to a conflict of interest generally occur within six weeks.  Investigations are generally concluded within 180 days of acceptance.  Albeit rare, evaluations and investigations may exceed stated durations.

Filing with the Commonwealth does not preclude you from filing a complaint federally with the U.S. Equal Employment Opportunity Commission (EEOC). See Other Resources for additional information.

In the State of Virginia, an individual has 300 days from the date of alleged discriminatory incident(s) to file a charge with the EEOC against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, genetic information, and/or disability. In the State of Virginia, an individual has 300 days from the date of alleged harm to file a charge with the EEOC against a private, city or county employer with 20 or more employees for discrimination based on age.

• Agencies should have EEO Personnel that have received training in conducting EEO Investigations preferably by the Equal Employment Opportunity Commission’s Training Institute.
• Agencies are responsible for developing EEO Policy statements and informing employees of such policies.
• Agencies should develop an EEO complaint process by which they can collect information related to allegations of discrimination. Agencies must inform employees and applicants of their EEO rights.
• Agency Heads, Managers, and Supervisors should receive relevant EEO training. Agency Heads should have awareness of complaints within their agency.
• Agencies must inform employees of their right to file an appeal to DHRM’s Office of Workforce Engagement’s Diversity, Equity, and Inclusion Unit, if they are not satisfied with the final agency decision issued by their employing agency.
• To protect employee rights to appeal within 15 calendar days of the FAD, the FAD must be dated the same date it is presented to the employee.
• If an employee appeals the FAD, the agency’s Human Resource Office and/or EEO Office must provide a copy of the agency FAD with all attachments.