If you work for a federal agency or applied for a federal job, the EEO process starts inside that agency: you generally must contact an EEO counselor there within 45 calendar days of the event you believe was discriminatory. Below are the dates that matter, what to bring to counseling, and a fictional one-page timeline.
Key points
- Federal employees and applicants start with an EEO counselor at their own agency, not with an EEOC charge.
- Contact the counselor, generally within 45 calendar days of the event or of the effective date of a personnel action.
- Counseling ordinarily takes up to 30 days, or 90 with ADR; then you generally have 15 days from the notice to file a formal complaint.
- Raise every event in counseling, and keep four dates: each event, first contact, notice received, and complaint filed.
Contents
Federal sector or private sector? Check which process applies
Private-sector employees and applicants generally file a charge with the EEOC itself within 180 or 300 days (see how to prepare an EEOC complaint). In the federal sector, the first step is an EEO counselor at the agency where you work or applied, and a formal complaint goes to that agency's EEO office. Each agency must post how to reach its EEO office; the EEOC comes in later, for hearings and appeals.
The 45-day clock: what starts it
Under 29 CFR 1614.105, you must contact a counselor within 45 days of the matter you believe was discriminatory or, for a personnel action such as a reassignment, within 45 days of the date it took effect. The regulation allows an extension in limited situations, for example if you were not told about the time limit and did not otherwise know of it, but it is safer not to count on one. Today, write down:
- the date of each event, or the effective date printed on any personnel notice;
- the date and way you first contacted the EEO office, and the name of anyone you spoke to;
- a copy of any email you sent, saved as it is.
Counseling or ADR: what to bring, what to write afterward
At the first session, the counselor must give you written information about your rights and responsibilities. Keep it. Only the claims raised in counseling, or claims like or related to them, can go into a later formal complaint, so bring your full list of events, not just the latest one.
If the agency offers alternative dispute resolution (ADR), usually mediation, you can choose it instead. The EEOC says counseling is ordinarily completed within 30 calendar days and ADR within 90; you can agree in writing to extend counseling by up to 60 days. If nothing is resolved, you receive a written notice of your right to file a formal complaint. After each meeting, note the date, who attended, what was offered, and what happens next.
The formal complaint: a fictional one-page timeline
You generally have 15 calendar days from receiving that notice to file, at the same EEO office. The count starts the day after you receive it; if the 15th day falls on a weekend or federal holiday, it moves to the next business day. The complaint must include your contact details, a short description of the events, why you believe they were discriminatory (for example, national origin or retaliation), a short description of the harm, and your signature. This example is fictional:
Date | Entry | Where it's recorded |
|---|---|---|
Jul 28, 2026 | Team lead says in a meeting that “people with accents” should not brief leadership | My note that evening |
Aug 11, 2026 | Removed from the briefing rotation; reason given: “scheduling” | Team lead's email |
Aug 18, 2026 | Team lead imitates my accent in front of two coworkers | My note; their names |
Aug 25, 2026 | First contact: email to the agency EEO office | Sent email |
Sep 24, 2026 | Notice of right to file received | The notice, date received written on it |
Oct 6, 2026 | Formal complaint filed | Copy and receipt email |
Every event falls within 45 days before the first contact, and the filing within 15 days of the notice.
After you file: the dates to track
- Acknowledgment: the agency confirms receipt. If it dismisses the complaint for a procedural reason, such as lateness, you have 30 days from receiving the dismissal to appeal.
- Investigation: the agency has 180 days from filing. Adding new events can extend this by another 180 days, and you may agree to up to 90 more.
- Next choice: afterward, you can request a hearing before an EEOC Administrative Judge within 30 days of receiving the notice about hearing rights, or ask the agency for a decision.
- New events: write to the EEO office describing them and asking that they be added.
The law also protects you from retaliation for taking part in the EEO process. If something changes at work after you contact the counselor, see how to document retaliation after reporting harassment.
What a record can and cannot do here
Dated notes help you meet each deadline and give the counselor and the investigator the same account. They do not decide whether discrimination occurred; even agency investigators only gather information. For what to write on the day, see how to document workplace incidents.
Kirokune keeps your notes, recordings, and photos in date order in one case on your iPhone. Kirokune doesn't sync or keep its own cloud copy; if iPhone backup (iCloud or a computer) is on, your records are included in it. The free version includes one case with unlimited records, needs no account, and locks with Face ID or your passcode; PDF export and more cases come with Kirokune Plus (paid). It does not count deadlines, decide what happened, or give legal advice.
Frequently asked questions
- Is the 45-day EEO counselor deadline in calendar days?
- Yes. The EEOC describes it as 45 calendar days from the discriminatory action, or from the effective date of a personnel action. The regulation allows an extension in limited situations, such as when you were not told about the time limit and did not otherwise know of it, so contact the counselor as early as you can.
- Do federal employees file an EEO complaint with the EEOC directly?
- Generally no. You first contact an EEO counselor at your own agency, and a formal complaint is filed with that agency's EEO office. The EEOC becomes involved later, if you request a hearing before an EEOC Administrative Judge or appeal a final decision.
- What if something new happens after I file my formal complaint?
- You can ask to add it. The EEOC says to write to the agency's EEO office, describe what happened, and ask that the new events be included. The office will either add them or send you to counseling about them.
Sources
Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.