How to Write a Complaint of Discrimination

When writing a discrimination complaint, you must identify issues and bases clearly and separately.  Issues are the 'acts of harm' you suffered as result of the decision maker’s discriminatory or retaliatory intent (animus). Bases are the reasons upon which you allege the act of harm occurred. Basis or bases must be one or more of the protected classes: race, color, religion, sex, national origin, age (40 or older), disability, genetic information, and prior protected EEO activity. 

For example, the claim that "I was terminated based on my sex, Male" states the essence of a discrimination complaint, in which both the issue and basis upon which the issue occurred are identified.  If one or the other component is missing, your claim of discrimination is not valid.

For example, "I was discriminated against on March 1, 2024," is not a valid claim because it lacks a basis.  You must allege “I was terminated on March 1, 2024, because of (or based on) my race, Asian.” Similarly, "I was harassed from March 1, 2024 to April 1, 2024" is not a valid discrimination complaint, because it lacks the basis or bases upon which the harassment occurred.  You must add "... based on my sex, Female," to make it a valid claim of discrimination.

Of course, all complaints must be signed and dated.  If a complaint is written with a "declaration" at the end, it will have more legal weight than without declaration.

If a memorandum or letter you submitted to an EEO counselor (for informal complaint) or agency’s EEO HQ (for formal complaint) has the following (sample) information, it constitutes a valid discrimination complaint (whether or not accompanied by the form provided by the agency):

To: [Name, title, location, email, phone]

via: [email, online, Priority Mail, FedEx, UPS, etc.]

Date:

From: [Name, title, work location/home address, email, phone]

Subject: Informal or Formal Complaint of Discrimination

I want to file a complaint of discrimination as follows:

Based on my race (Asian), national origin (Korea or Korean ancestry), age (55, born in October 1970), disability (PTSD, carpal tunnel syndrome, blindness, herniated disc, etc.), religion (Islam), sex (Male), and my prior protected EEO activity (a formal EEO complaint filed on March 1, 2024, case number: ARD-24-3547), I was discriminated and retaliated against when:

1. On June 1, 2024 my supervisor, John Doe, Regional Director, denied the accommodation I requested (telework).

2. On June 2, 2024, John Doe suspended me for 5 days for AWOL.

3. On July 1, 2024 John Doe proposed to remove me.

4. On August 1, 2024 John Doe removed me, effective August 15, 2024.

Declaration:

I declare under the penalty of perjury that the above is true.

[signed]____________. [dated] ________

[Print Name]

Make sure that you keep a proof of filing/sending your (informal or formal) complaint.

If you are required to use the agency form for filing a complaint, attach your affidavit containing the above sample information with relevant background information and submit.

If you are required to file via online, it is good idea to take screenshot of each and every page before moving on to the next page, so that you have a record of filing and what you wrote before submitting.

Do not miss the 15-day deadline, starting from the date of your receipt of the Notice of Right to File (issued by EEO counselor), within which to file a formal EEO complaint. Formal discrimination complaints must be filed with the agency’s EEO headquarters (EEO director/manager).

Amended complaints must be filed with EEO director/manager, not with EEO investigator. New events alleged to be discriminatory must be filed with EEO counselor. If you are not sure as to whether or not a new event you allege to be discriminatory should be filed as an amendment (to your existing formal EEO complaint) or as a new case (with a newly assigned docket number), you should file with both EEO director and EEO counselor. Let the EEO director decide, as he or she is the only one authorized to decide. You don’t have the authority to decide. EEO counselor does not have the authority to decide. EEO investigator (who is assigned to investigate your formal EEO complaint) does not have the authority to decide.

Do not send your amended complaint to either EEO counselor or EEO investigator. It will be ignored, if you do; and by the time you realized that it was ignored, the 45-day jurisdictional time limit (to file) may have elapsed.

However, EEO director/manager cannot accept your “new” EEO claims. Only the agency’s EEO counselor can accept and process the “new” EEO claims/allegations/events alleged as discriminatory.

If a new discriminatory or retaliatory incident arises during the time of investigation (the period when your formal EEO complaint is being investigated), you should file with both EEO counselor and EEO director, as stated already. Only EEO director can decide whether it should be processed as a new case or amendment.