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EEO Discrimination Complaint Process

The Office of Navajo and Hopi Indian Relocation is an equal opportunity employer.  It is illegal to discriminate against employees or applicants for employment on the basis of race, religion, color, sex (including pregnancy and gender identity), national origin, age, disability, family medical history, or genetic information. A person who files a complaint or participates in an investigation of an EEO complaint, or who opposes an employment practice made illegal under any of the statutes enforced by the Equal Employment Opportunity Commission, is protected from retaliation.

If you are an ONHIR employee, applicant for employment or former employeeand you believe you have been discriminated against on the basis of one or more of the above categories, you have the right to file a complaint of discrimination.

Informal Stage You must contact an EEO Counselor within 45 days of the date of the alleged discriminatory incident, or effective date of the alleged discriminatory personnel action.  You may seek EEO counseling by contacting Teresa Slater in the ONHIR Human Resources Office or the agency contracted EEO Counselor at the office of Joseph L. Urbano, LLC, (719) 522-1833 in Colorado Springs, CO.  The EEO Counselor will advise you that you must elect to have your dispute(s) informally resolved through the Alternative Dispute Resolution (ADR) process or pursue resolution through the EEO Complaint process.  If the EEO complaint process is elected, the Counselor will make necessary inquiries into the matter to facilitate an informal resolution between the parties.  The EEO Counselor is required to complete counseling within 30 calendar days of the initial contact.  When counseling is completed, the EEO Counselor will issue a Notice of Right to File a Discrimination Complaint.  If ADR is elected, the pre-complaint process period shall be 90 calendar days.  If the matter is not resolved within a 90 calendar day period or ADR continues beyond the 90 calendar day period, the EEO Counselor will issue a Notice of Right to File a Discrimination Complaint on the 90th day.  The ONHIR encourages the use of the ADR process throughout the EEO complaint process.

Formal Stage A formal complaint must be submitted in writing, signed, and submitted to the ONHIR Human Resources Department within 15 calendar days of receipt of the Notice of Right to File a Discrimination Complaint.  The EEO Officer assigned to the case will determine if the complaint is acceptable for processing.

When the complaint is accepted for investigation, an impartial investigation will be ordered.  ONHIR will ensure that it is a thorough and fair investigation and is completed within 180 days from the date of the filing of the formal complaint.  During the investigative stage of the process, an investigator will be assigned to the case to conduct and complete the investigation, make attempts at settlement, provide the ONHIR with a copy of the investigative file, and a notice of the complainant’s right to request either an EEOC hearing or final agency decision by the agency.  Alternative Dispute Resolution (ADR) will also be offered during this stage of the process.

If the complainant elects a hearing, the investigative file will be transferred to the EEOC.  An Administrative Judge shall oversee discovery, conduct a hearing and issue a decision on the complaint.  If a finding of discrimination is made, the Administrative Judge will order an appropriate remedy.  The Administrative Judge must complete the process within 180 days of receipt of the complaint file.

After receiving the Administrative Judge’s decision, the agency will implement the decision within 40 days or appeal the decision to EEOC.  If the complainant is dissatisfied with the Administrative Judge’s decision or the final action taken by the agency, they may appeal to EEOC, Office of Federal Operations.

If there has been no request for a hearing, the EEO Officer assigned to the case will address all issues in the complaint, and issue a Final Agency Decision (FAD) either finding discrimination or not finding discrimination.   If the Agency makes a finding of discrimination, the Agency will review the record and make a determination as to the appropriate remedy.  The Final Agency Decision will also advise complainant of their right to appeal the decision to EEOC within 30 days or to file a civil action in Federal District Court.