At HRSA, employees, former employees, or job applicants who believe they have been subjected to discrimination have a right to file an EEO complaint. Under federal laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) to protect against discrimination, an individual may assert a basis, or reason, they wish to bring forward a complaint under one or multiple of the protected groups listed below:
- Age
- Disability (mental, physical, or sensory)
- Equal pay or compensation
- Genetic information (including family medical history)
- National origin
- Pregnancy
- Race or color
- Religion or belief
- Retaliation
- Sex (including gender identity and/or expression, sexual orientation, or sexual stereotyping)
EEO Complaint Process
The EEO Complaint Process consists of three different stages.
The first step of the EEO process is to contact HRSA’s EEO Intake Coordinator within 45 calendar days of the alleged discriminatory occurrence – Commissioned Corps Officers must initiate EEO contact within 60 calendar days. Contact an Intake Coordinator through:
- Email: eeocomplaints@hrsa.gov; or
- Call us at 301-443-5636; or
- Visit us: HRSA, 5600 Fishers Lane, Room 14N-156, Rockville, MD 20857
The Intake Coordinator will provide you a choice to either participate in EEO counseling or Alternative Dispute Resolution (ADR).
ADR is a term used to describe procedures that are used to settle disputes by means other than conventional litigation. ADR mediation can be elected in lieu of traditional EEO counseling at the informal stage or at any time during the formal stage of the process.
If your EEO complaint is not resolved during counseling or through ADR, you will be given the opportunity to file a formal complaint of discrimination. You must submit your formal EEO complaint to the Office of Civil Rights, Diversity and Inclusion (OCRDI) at eeocomplaints@hrsa.gov within 15 calendar days of receipt of a Notice to File a Formal Complaint of Discrimination (NRTF) – Commissioned Corps Officers must file within 10 calendar days of receipt of the NRTF.
Once you have filed a formal complaint, OCRDI will review the complaint and decide on whether or not your allegations of discrimination should be accepted or dismissed. If OCRDI accepts your complaint, an investigation will be conducted. The Agency has 180 calendar days from the date you filed your formal complaint to complete the investigation. If your complaint is dismissed, you have the right to appeal to the U.S. Equal Employment Opportunity Commission (EEOC).
When the investigation is completed, OCRDI will notify you of your right to one of the following courses of action: 1) request a hearing before an EEOC Administrative Judge, or 2) request a final decision on your complaint by the Department of Health and Human Services (HHS) – Commissioned Corps Officers will receive a final decision from the Surgeon General and have no appeal rights.
Electing for a Hearing
If you elect a hearing, you must submit your written request to the EEOC within 30 calendar days from the day you received a notice about your hearing rights. If you request a hearing, an EEOC Administrative Judge will conduct the hearing and render a decision on your EEO complaint.
Electing a Final Agency Decision and Appeal
If you elect a Final Agency Decision, and HHS issues a decision finding no discrimination, you have the right to appeal the decision to the EEOC or file in federal district court.
Other Protections Offered Against Discrimination
At HRSA, we commit to ensuring a workplace free of discrimination and harassment based on:
- Family or parental status
- Marital (a civil union or domestic partnership status)
- Past or present military service
- Political affiliation
These protections extend to all personnel and employment programs, management practices, and decisions, including but not limited to:
- Appraisal systems
- Benefits
- Merit promotions
- Recruitment and hiring practices (including transfers and reassignments)
- Training and career development programs
- Separations
If you are alleging discrimination based on these bases, you may file a written complaint with the U.S. Office of Special Counsel (OSC) at:
U.S. Office of Special Counsel (OSC)
1730 M Street NW, Suite 218, Washington, DC 20036-4505
You may also visit the OSC website.
Class complaints information
Class complaints allow large numbers of affected individuals with a common characteristic, or characteristics, of race, color, sex (including transgender, sex stereotyping), religion, national origin, age, or disability, to challenge discriminatory agency policies and practices, to also include retaliation or reprisal. Class complaints, just as with individual complaints, begin by initiating the EEO Counseling process.
Filing as a Class Compliant: An individual becomes a class agent to represent everyone affected. They must start EEO Counseling within 45 days of the discriminatory action. A class action brought by a class agent includes all unnamed and unidentified persons who are members of the class and have been subject to the same discriminatory policies and practices.
Requirements for a Class Action:
- The class must be large with common issues.
- Claims must be similar for all class members.
- The identified class agent must fairly represent everyone's interests.
- Moving to certify a complaint as a class action can happen anytime during the process if class implications are clear.
- An EEOC Judge decides if a complaint qualifies as a class action.
The formal requirements for filing a class complaint are set forth at 29 C.F.R. § 1614.204(a), which states:
(2) A class complaint is a written complaint of discrimination filed on behalf of a class by the agent of the class alleging that:
- The class is so numerous that a consolidated complaint of the members of the class is impractical;
- There are questions of fact common to the class;
- The claims of the agent of the class are typical of the claims of the class;
- The agent of the class, or, if represented, the representative, will fairly and adequately protect the interests of the class.
(3) An agent of the class is a class member who acts for the class during the processing of the class complaint.
Class actions consolidate efforts to address widespread discrimination and unjust policies.
Contact Us
Health Resources and Services Administration
Office of Civil Rights, Diversity and Inclusion
5600 Fishers Lane
Rockville, Maryland 20857
Phone: 301-443-5636
Fax: 301-443-7898
Email: OCRDI@hrsa.gov
OCRDI at a Glance
HRSA’s EEO Resources
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