The U.S. Equal Employment Opportunity Commission
Appendix B EEO-MD-110
EEO COUNSELOR CHECKLIST
At the initial counseling session, Counselors must advise
individuals in writing of their rights and responsibilities. At a
minimum those rights include the following:
- The right to anonymity.
- The right to representation throughout the
complaint process including the counseling
stage. The EEO Counselor should make clear to
the aggrieved person that the EEO counselor is
not an advocate for either the aggrieved
person or the agency but acts strictly as a
neutral in the EEO process.
- The right to choose between the agency's
alternative dispute resolution (ADR) process
or EEO counseling, where the agency agrees to
offer ADR in the particular case, and
information about each procedure.
- The possible election requirement between a
negotiated grievance procedure and the EEO
complaint procedure. See Chapter 4, Section
III of this Management Directive.
- The election requirement in the event that the
claim at issue is appealable to the Merit
Systems Protection Board (MSPB), i.e., the
dispute is a mixed case. See Chapter 4,
Section II of this Management Directive.
- The requirement that the aggrieved person file
a complaint within 15 calendar days of receipt
of the Counselor's notice of right to file a
formal complaint in the event s/he wishes to
file a formal complaint at the conclusion of
counseling or ADR.
- The right to file a notice of intent to sue
when age is alleged as a basis for
discrimination and of the right to file a
lawsuit under the ADEA instead of an
administrative complaint of age
discrimination, pursuant to 1614.201(a).
- The right to go directly to a court of
competent jurisdiction on claims of sex-based
wage discrimination under the Equal Pay Act
even though such claims are also cognizable
under Title VII.(1)
- The right to request a hearing before an EEOC
Administrative Judge except in a mixed case
after 180 calendar days from the filing of a
formal complaint or after completion of the
investigation, whichever comes first.
- The right to an immediate final decision after
an investigation by the agency in accordance
- The right to go to U.S. District Court 180
calendar days after filing a formal complaint
or 180 days after filing an appeal.
- The duty to mitigate damages, e.g., that
interim earnings or amounts that could be
earned by the individual with reasonable diligence generally must be deducted from an award
of back pay.
- The duty to keep the agency and EEOC informed
of his/her current mailing address and to
serve copies of appeal papers on the agency.
- Where counseling is selected, the right to
receive in writing within 30 calendar days of
the first counseling contact (unless the
aggrieved person agrees in writing to an
extension) a notice terminating counseling and
informing the aggrieved of:
(1) the right to file a formal individual
or class complaint within 15 calendar
days of receipt of the notice,
(2) the appropriate official with whom to
file a formal complaint, and
(3) the complainant's duty to immediately
inform the agency if the complainant
retains counsel or a representative. Any
extension of the counseling period may
not exceed an additional sixty (60)
- Where the aggrieved person agrees to
participate in an established ADR program, the
written notice terminating the counseling
period will be issued upon completion of the
dispute resolution process or within ninety
(90) calendar days of the first contact with
the EEO Counselor, whichever is earlier.
- That only those claims raised at the
counseling stage or claims that are like or
related to those that were raised may be the
subject of a formal complaint, and how to
amend a complaint after it has been filed.
- The identity and address of the EEOC field
office to which a request for a hearing must
be sent in the event that the aggrieved person
files a formal complaint and requests a
hearing pursuant to 1614.108(g).
- The name and address of the agency official to
whom the aggrieved person must send a copy of
the request for a hearing. The EEO Counselor
should advise the aggrieved person of his/her
duty to certify to the Administrative Judge
that s/he provided the agency with a copy of a
request for a hearing. See also Chapter 7,
Section I, of this Management Directive.
- The time frames in the complaint process.
- The class complaint procedures and the
responsibilities of a class agent, if the
aggrieved person informs the EEO Counselor
that s/he wishes to file a class complaint.
See Chapter 8, Section II of this Management
- That rejection of an agency's offer of
resolution made pursuant to 1614.109(c) may
result in the limitation of the agency's
payment of attorney's fees or costs. See
Chapter 6, Section XIII, of this Management
- That the agency must consolidate two or more
complaints filed by the same complainant after
appropriate notice to the complainant.
1614.606. The EEO Counselor should advise the
complainant that when a complaint has been
consolidated with one or more earlier
complaints, the agency shall complete its
investigation within the earlier of 180 days
after the filing of the last complaint or 360
days of the filing of the first complaint and
that the complainant may request a hearing
before an EEOC Administrative Judge at any
time after 180 days of the filing of the first
1. Sex-based claims of wage discrimination may also be raised under
Title VII; individuals so aggrieved may thus claim violations of
both statutes simultaneously. Equal Pay Act complaints may be
processed administratively under Part 1614. In the alternative, a
complainant in the EPA claim may go directly to a court of
This page was last modified on November 8, 1999.
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