Discrimination based on Race, Color, Religion, Age, Sex, National Origin, Disability, and Genetic Information |
How to File a Charge of Discrimination |
After a Charge is Filed
A. Allegations of Discrimination Involving Adverse and Performance Based Actions:
A Charge of Discrimination may be filed based on the employee’s race, color, religion, age (40 and over), sex (including pregnancy, gender identity and sexual orientation), national origin, disability, and genetic information.
If an employee has been the subject of an adverse or performance based action (i.e., removal, suspension for more than 14 days, reduction in grade or pay, or furlough of not more than 30 days), the employee may either file a complaint directly with the PAB/OGC or file a complaint of discrimination with GAO's Office of Opportunity and Inclusiveness. See 4 C.F.R. § 28.98(c).
An employee electing to file a complaint with the PAB/OGC, must do so within 30 days of the effective date of the personnel action and raise the issue of discrimination in the course of the proceedings.
B. Allegations of Discrimination NOT Involving Adverse
and Performance Based Actions:
If there is no adverse or performance based action involved (as defined above), allegations of discrimination on the basis of race, color, religion, disability, national origin, age, sex, genetic information, or retaliation must first be filed with GAO’s Office of Opportunity and Inclusiveness, pursuant to GAO Order 2713.2, Discrimination Complaint Process.
(Note: An employee, former employee, or applicant for employment who believes that he or she has been subjected to discrimination on the basis of age (40 or older) under the Age Discrimination in Employment Act is not required to file a complaint with the Office of Opportunity and Inclusiveness prior to filing a complaint with an appropriate United States District Court. However, he/she must first give GAO at least 30 days notice of the intent to file such action.)
Further information on filing a charge based on discrimination is at Filing a Charge of Discrimination.
For information on procedures after a charge is filed with the PAB/OGC, see What Happens After a Charge is Filed?
For general information regarding what to expect if a complaint is filed with the GAO Office of Opportunity and Inclusiveness, see A Brief Guide to GAO’s Administrative Unlawful Discrimination Complaint Process.