How Federal Employees File an Employment Discrimination Complaint Through EEOC.gov

Updated

Federal employees and applicants do not file a standard "charge" the way private-sector workers do. Instead, they use the federal-sector EEO process, and eeoc.gov's Federal Agencies section is the entry point for three distinct actions: filing a complaint of employment discrimination against a federal agency, requesting a hearing with an administrative judge, and requesting an appeal with the EEOC. The site also points you to information about EEO law in the Federal Government. If you work for a private employer, a state or local government, or a union, this federal-sector path does not apply to you — use the "Employees & Applicants" route to file a charge instead.

Who this process is for

The Federal Agencies section is aimed at:

  • Federal employees who believe they experienced discrimination at a federal agency
  • Applicants for federal jobs who believe the hiring process treated them unlawfully
  • Former federal employees within the applicable time limits

The EEOC describes this section as covering how to file a complaint of employment discrimination against a federal agency, how to request a hearing with an administrative judge, and how to request an appeal with EEOC.

The three actions available on eeoc.gov

The site separates the federal-sector process into three tasks. They are not interchangeable — they happen at different stages.

Action What it is When it applies
File a complaint against a federal agency The initial formal complaint First step, filed through your agency's EEO process
Request a hearing with an administrative judge An EEOC administrative judge reviews your case After your agency issues a final decision or a partial dismissal
Request an appeal with EEOC EEOC's Office of Federal Operations reviews the agency's decision After a final agency decision, or in certain other circumstances

A key structural point: the first filing generally goes to your own agency's EEO office, not to the EEOC directly. The EEOC's role as adjudicator (hearings and appeals) typically comes later. The eeoc.gov Federal Agencies page is where you learn the rules and find the mechanisms for the hearing and appeal stages.

Step-by-step: how the federal-sector process works

Step 1 — Confirm you are in the federal sector

If you are a federal employee or applicant, use the Federal Agencies path. If you are not, use the private-sector charge process under "Employees & Applicants."

Step 2 — File your complaint with your agency

The EEOC site directs federal employees to "How to file a complaint of employment discrimination against a federal agency." This is the initial complaint, and it is handled through your agency's EEO process. Consult the EEOC's stated time limits carefully — federal-sector deadlines are strict and generally shorter than many people expect.

Step 3 — Request a hearing with an administrative judge

If your case reaches the point where a hearing is available, the site provides the route to "Request a hearing with an administrative judge." An EEOC administrative judge then handles the adjudication of your complaint.

Step 4 — Request an appeal with EEOC

If you need EEOC's Office of Federal Operations to review an agency decision, use "Request an appeal with EEOC." This is the appellate stage of the federal-sector process.

Step 5 — Learn the underlying law

The section also links to "Learn about EEO law in the Federal Government," which explains the legal framework your complaint rests on. Read this before drafting, because the law defines what counts as discrimination and what remedies exist.

What to verify before you start

  • Deadlines. Federal-sector EEO deadlines are unforgiving. Confirm the exact window for contacting an EEO counselor and for filing your formal complaint before you do anything else.
  • Which stage you are in. Filing a complaint, requesting a hearing, and requesting an appeal are three different actions with three different triggers. Using the wrong one wastes time.
  • Your agency's EEO office. The initial complaint goes through your agency, so identify that office first.

Common sticking points

  • Assuming you file everything with EEOC. You generally do not. The first complaint goes to your agency; EEOC handles hearings and appeals.
  • Missing the counselor stage. Many federal-sector cases require EEO counseling before a formal complaint. Skipping it can end your case.
  • Confusing federal-sector and private-sector rules. The processes, deadlines, and forums differ. The eeoc.gov homepage separates them for a reason — pick the one that matches your employment situation.

Where to go on eeoc.gov

Start at the Federal Agencies block on the homepage. From there:

  • How to file a complaint of employment discrimination against a federal agency — the initial step
  • Request a hearing with an administrative judge — the hearing stage
  • Request an appeal with EEOC — the appellate stage
  • Learn about EEO law in the Federal Government — the legal background

If you are an employer or small business rather than a federal employee, the "Employers / Small Business" block is your section instead, covering help and resources, training and technical assistance, EEO surveys, and publications.