Ask The Lawyer

By Debra Roth

Q & A Session: Equal Employment Opportunity complaint

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Q:

Can a recently retired federal employee file an Equal Employment Opportunity (“EEO”) complaint?

A:

Yes, for the purposes of filing a complaint, whether the complainant still works for the allegedly discriminatory agency, or not, is immaterial. EEOC regulations require only that the complainant contact the relevant EEO counselor within 45 days of the allegedly discriminatory act. In the case of a retired federal employee, the appropriate EEO counselor would be the counselor for the retiree’s former federal agency.

This response is written by James P. Garay Heelan, associate attorney of Shaw Bransford & Roth PC.

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