Diversity, Opportunity, and Inclusion

How to File a Complaint of Discrimination

Reminder: 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 Appeals 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.

Discrimination Complaints Due to a Conflict of Interest

D&I will directly receive discrimination complaints if any of the following conflict of interest issues are applicable:

1. The complaint is against an Agency Head.
2. The complaint is against an EEO Manager.
3. The complaint is against a HR Director.

D&I will evaluate such complaints for acceptance or rejection. D&I will promptly provide written notification of its decision. If accepted, an investigation ensues as soon as administratively possible. If rejected, D&I's association with the matter concludes.

Filing a Complaint Due to a Conflict of Interest

1. Complete and sign the Discrimination Complaint Form (DCF).  An unsigned form will delay evaluation of the complaint. 
2. If applicable, complete the Complaint Witness Information Form (CWIF) that identifies witnesses relevant to the complaint.
3. Attach additional documentation, if applicable.  Additional documentation includes information substantiating events and actions associated with alleged discrimination involving the following protected classes:  race, color, national origin, religion, sex (including pregnancy), sexual orientation, gender identity, age, physical or mental disability, genetic information, veteran’s status, or political affiliation.
4. Return the completed and signed DCF and CWIF form(s) by email, Fax, U.S. mail (or similar delivery service) or hand delivery.  An unsigned form(s) will delay an evaluation.

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 must inform employees they have the right to file an appeal to DHRM’s Office of Workforce Engagement’s Diversity and Inclusion Unit (D&I).

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.

Agencies currently under a shared service and do not have an internal EEO office or function, may request to enter into a Service Level Agreement with D&I to conduct EEO investigations. This service will be at a cost.