Discrimination based on Race, Color, Religion, Age, Sex, National Origin, Disability, Genetic Information |
How to File a Charge of Discrimination |
After a Charge is Filed
A. Allegations of Discrimination Involving Adverse and Performance Based Actions:
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 the GAO's Office of Opportunity and Inclusiveness. See 4 C.F.R. § 28.98(c).
If the employee elects to file a complaint with the PAB/OGC, then he/she 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, allegations of discrimination on the basis of race, color, religion, disability, national origin, age, sex or genetic information must first be filed with GAO 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 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.)
Generally, before filing a discrimination complaint with an appropriate United States District Court or the PAB/OGC, the employee must first exhaust his/her administrative remedies by contacting and filing a complaint with the GAO Office of Opportunity and Inclusiveness (except where age is the basis for discrimination).
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.