Equal Employment Opportunity (EEO)
Recently, the United States Postal Service (November 2018) modified their internal policy regarding “how” to file an EEO complaint. Previously, employees could telephone in a request in order to receive paperwork that would allow them to file a complaint. Employees no longer have that access. It was “simple” and only required a telephone call.
Currently, in order to file a complaint you need to do it online by completing an “efile” application at https://efile.usps.com
** As an alternative, you may also request EEO counseling by mail. You must provide your name, social security number or employee identification number(EIN), address and telephone number.
You must send this request and this information via mail to:
NEEOISO –EEO Contact Center, PO Box 21979, Tampa, FL 33622-1979.
It does not say you must state your complaint but I would suggest you at least inform them that you “ are writing to them because you wish to request counseling and or file an EEO complaint.” I would also suggest you, date the letter and make a copy and send it with some form of requested receipt for your records.
In order to be considered a “timely” complaint, you must request counseling within 45 days of the date of the alleged discriminatory act. The criteria for filing a complaint is if you believe that you have been discriminated because of your employment as a result of your race, color, religion, national origin, sex(including pregnancy, sexual orientation, and gender identity (which includes transgender status.) Discrimination may also have occurred because of your age( 40 years or older), physical or mental disability, or genetic identification, or in retaliation for engaging in an EEO protected activity. Many times an EEO complaint has a companion “grievance” that must be filed with your local office. That should be done within 14 days of the occurrence or when you became aware of the problem.
The change in “Notice” (dated November 2018) is required to be posted in your office but from recent observations, the “new” notice has not been posted or if it has been posted it is not in a conspicuous place. The “new” Notice also advises that if you are making a complaint you must consult an EEO counselor before filing a complaint. Furthermore, once you have given “notice” via the efile or mail, a USPS Counselor is required to look into your problem and try to help the parties reach a resolution within 30 days.
What every letter carrier who files a complaint of discrimination must remember is that “Counselors” work for the Postal Service. They are a part of management. They are not “neutral” parties. Their “goal” in my opinion is not to solve a problem but to make it go away.
Recently, some letter carriers have met with counselors and were told “you don’t have a valid complaint” or “that is not an EEO”. They were also not provided any representation which you should be entitled too, but you have to request representation. Therefore, I would recommend to anyone who meets with a counselor to request a union representative or prior to engaging in counseling to call the Branch office for guidance. If you “withdraw” your complaint, you will be asked to sign a document saying it is withdrawn. Thus you will have lost an opportunity to correct a discriminatory situation.
In the event that you do proceed with counseling and there is no resolution, you can request “mediation.” That is what I suggest all employees who file a complaint utilize unless the “counseling” truly resolves the problem(make sure you get something in writing as to what the agreed to resolve is). The mediation process does provide for a mediator who is supposed to be a “neutral” party.
They are also not Postal Managers. Again, you should bring representation to the mediation process that was called “REDRESS.” Postal Service counselors may observe the process but they are not supposed to participate.
The “REDRESS” process has been used by many employees in the past and some did get the resolution they were seeking. Again, whether you engage in counseling, or mediation I believe that your best results can be achieved if you have representation. A representative can be anyone that you select. They do not have to be a shop steward but you may be in a better position of resolving the issue if it is a work related problem.
What you should never do, however, is go to any EEO meeting without a representative. Shop Stewards and other Postal Workers who are representing you during this process should also be on-the-clock as long as these meetings are during working hours. So, request representation!
