維吉尼亞州人力資源管理部

多元、機會與包容

一般資料
Consultations
上訴
Complaints Due to a Conflict of Interest
EEO Responsibilities
定義

就業歧視申訴手冊

一般資料

§1.1 Introduction

The Office of Workforce Engagement (OWE) continuously works towards achieving a sustainable transformative workplace where subtle, overt, interpersonal and formal discrimination becomes a thing of the past. The OWE is committed to assisting agencies in promoting fairness, education, training and upholding the rights of employees throughout the entire complaint process.

OWE enforces DHRM Policy 2.05 Equal Employment Opportunity, which prohibits discrimination against state government employees and applicants for state government employment.

DHRM 政策2 . 05也禁止對提出歧視申訴、參與申訴流程或反對歧視行為的個人進行報復。

The purpose of this EEO Discrimination Complaint Manual is to provide guidance to current and former employees and applicants for employment in Commonwealth of Virginia executive branch agencies on filing EEO discrimination complaints, as well as to provide a standardized process for state agency leadership in handling EEO complaints.

Our jurisdiction to investigate complaints of discrimination applies only to current and former employees, and applicants for employment of Commonwealth of Virginia, Executive Branch agencies, whose employees are covered by the Virginia Personnel Act. Current and former employees should review § 2.2-2905. “Certain officers and employees exempt from chapter” of the Virginia Personnel Act to determine their eligibility to file with our office. Employees that are exempt from our process, should contact their employer regarding their established complaint process or they should file with the federal Equal Employment Opportunity Commission.

§1.2 OWE Contact Information

Office of Workforce Engagement
Department of Human Resource Management
101 N. 14th Street, 12 Floor
Richmond, VA 23219
Telephone: 804-225-2136
Web: https://www.dhrm.virginia.gov/diversity-opportunity-inclusion
Email: owe@dhrm.virginia.gov

§1.3 Authority

The Office of Workforce Engagement (OWE) operates within the Virginia Department of Human Resources Management (DHRM). Collectively, each is dedicated to providing a broad range of leadership, services and guidance to the Commonwealth.

OWE enforces the Governor’s Executive Orders on Equal Opportunity and DHRM Policy 2.05, Equal Employment Opportunity, and Virginia Human Rights Act, Title VII of the Civil Rights Act of 1964 and all other federal anti-discrimination laws.

§1.4 Role

The OWE serves as an appeals body for discrimination complaints, but only after the complaints have been reviewed and adjudicated by the employing agency, and a Final Agency Decision (FAD) has been issued. Employees who believe they have experienced discrimination must first file a complaint with their agency, which will review and potentially investigate the matter. If the employee is dissatisfied with the agency’s decision, they may then appeal to the OWE. For assistance in initiating the complaint process, employees should contact their agency’s Human Resources Department.

In rare cases, the OWE may accept discrimination complaints directly. The OWE will review complaints that have not been investigated by the agency if a conflict of interest (COI) may exist. Such cases require special consideration.

The DHRM – OWE EEO discrimination complaint process allows employees to either:

Appeal a FAD regarding discrimination allegations, or
File a discrimination complaint based on a conflict of interest (COI) involving agency leadership.

The OWE will evaluate each appeal and COI complaint for acceptance or rejection. If accepted, an investigation will proceed as soon as administratively possible. If rejected, the OWE’s involvement in the matter will conclude.

The review of appeals and COI complaints typically occurs within 3-4 weeks.
Once accepted, investigations generally conclude within 180 days from acceptance.

While rare, complaint reviews and investigations may exceed the stated durations due to staffing shortages or other unavoidable delays.

OWE does not provide legal advice. Employees seeking legal advice should contact an employment law attorney for guidance. Agencies with legal questions should contact their assigned counsel at the Office of the Attorney General.

§1.5 Other Agency Resources

The Code of Virginia and Governor’s Executive Order prohibit discrimination in state workplaces on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, gender identity or expression, political affiliation, or status as a veteran. State employees have multiple resources available to bring forth their concerns of discrimination or other workplace matters.

民權總檢察官辦公室

The Attorney General’s Office has established an Office of Civil Rights (OCR) that can accept complaints of employment discrimination.

The OCR can investigate complaints, refer the complaint to another agency with authority, or seek to facilitate a resolution.

If the complaint is not resolved, you may be provided with a notice of your right to file a lawsuit about your discrimination claim. More information can be found on the OCR website or by calling (804) 225-2292 or emailing civilrights@oag.state.va.us.

Office of Employment Dispute Resolution

Complaints arising in the workplace should be resolved fairly and promptly. In selecting a suitable alternative to resolve a workplace issue or concern, employees and agency management may obtain information and guidance from the Office of Employment Dispute Resolution (“EDR”) and the Human Resources Office at their agency. While EDR consultants do not provide legal advice, they can help to identify relevant policies and can discuss various options for addressing workplace concerns.

EDR does not advocate for employees or management, but, rather, provides impartial services to assist in the resolution of workplace disputes. EDR administers both the grievance procedure and mediation process. Both are viable options for resolving workplace disputes.

For specific questions about EDR processes, it is advisable to contact EDR. EDR is located at the Department of Human Resource Management and can be reached by telephone at 804-786-7994 or 1-888-23-ADVICE (232-3842). Additional information is available on EDR’s website. Agencies should contact their assigned counsel at the Office of the Attorney General with any legal questions.

聯邦平等就業機會委員會

The EEOC is the federal agency with oversight of most federal employment discrimination laws. Complaints can be filed through the EEOC website. The EEOC will review your submission and can take a variety of actions, including conducting an investigation, seeking to resolve the matter through mediation, or providing you a “right to sue” letter for you to file a lawsuit. For more information, call 1-800-669-4000.

Note: The applicable laws and policies under which these resources operate prohibit retaliation for making a complaint of discrimination or being involved in a complaint, such as by providing evidence to support a claim. If you have participated in one of these resources and feel your employer has retaliated against you, contact the applicable resource to report the retaliation.

Consultations

§2.1 Employee Consultations

Confidential advice regarding appeals and discrimination complaints are available to employees considering filing complaint via the contact information noted. See § 1.1 Contact Information.

During consultations OWE Personnel will:

Listen to your concerns.
Explain relevant laws and policies.
Advice regarding resolution options.
Refer alternate state or federal agencies for assistance.
Explain the filing process.

OWE does not provide legal advice. Employees seeking legal advice should contact an employment law attorney.

§2.2 Agency Consultation

OWE also available to agencies to provide guidance on establishing an Equal Employment Opportunity (EEO) office.

OWE Personnel will:

Review the agency’s current EEO policies, workforce composition, and existing complaint procedures, provide EEO investigative templates, and consultation during the complaint process and reasonable accommodations process.
Develop a tailored implementation plan, outlining the office's structure, staffing needs, and reporting hierarchy.
Develop and conduct training sessions for leadership and employees to promote awareness and compliance.
Establish data collection and reporting protocols to monitor workforce diversity and track progress toward EEO goals.
Provide ongoing support, periodic policy reviews, and continuous improvement initiatives to align the EEO office’s functions with evolving legal and organizational requirements.

上訴

The OWE is responsible for reviewing and adjudicating appeals related to Equal Employment Opportunity (EEO) complaints within an agency. Unlike a full-service EEO office that handles initial complaints, investigations, and resolutions, an appeal-only office focuses exclusively on reconsidering decisions made by the agency. Its primary functions include reviewing case records, assessing whether proper procedures were followed, and determining if there were errors in the initial findings.

This office ensures compliance with federal and state EEO laws, conducts an impartial review of appeals, and issues a final decision or recommendation. Additionally, if discrepancies are found in the agency's investigative process, the OWE may provide guidance on corrective actions and recommend policy and/or practice improvements. The OWE’s goal is to provide a fair and unbiased mechanism for employees who believe their complaints were not properly resolved, reinforcing trust in the agency’s commitment to equal opportunity and nondiscrimination.

§3.1 Filing an Appeal to the Final Agency Decision

OWE acts an appeals body to review complaints of discrimination after they have been adjudicated by the employing agency first and a FAD has been issued. State employees alleging discrimination must first file a discrimination complaint with their agency for review and potential investigation. Please contact your agency’s Human Resources Department to initiate the process.

OWE utilizes an online complaint management system to file an Appeal to the FAD issued by the agency. OWE will only accept forms that are timely and submitted online. See § 2.1 Time Requirements for Filing an Appeal

§3.2 Requirements for Employees Filing an Appeal

OWE will no longer accept mailed or paper complaint forms. All forms should be completed and submitted online. If you require assistance, please contact our Office.

The complainant should follow the instructions below to ensure that we receive the complaint.

Visit our website and click on “How to File an Appeal”. The link will take you to a webpage called DHRM Request Form or you can follow the link here.
For Report Type, click the drop down and select EEO Appeal.
完成所有標示星號（*）的部分。
Please select only the basis(es) in which the complaint filed with your agency was accepted. (For example, if your agency accepted only age, select only age)
Provide a brief explanation of why you disagree with your agency’s final decision.
- Elements to consider including in your brief statement:
  - A brief timeline of events that led you to file an EEO complaint with your agency, including the date(s) of the alleged discrimination
  - Briefly provide all details supporting your claims and any actions you took to resolve the issue before filing a complaint
  - Include the reason you disagree with agency’s decision and the evidence you believe they did not consider.
  - Please be sure to attach a copy of the FAD
Please do not attach additional documents other than the FAD. Please provide a signature to affirm that the information you shared is true to the best of your knowledge and belief.

Note: The complainant is reminded that new evidence cannot be presented at this stage. The complainant must demonstrate that, based on the evidence already presented during the investigation, the agency should have reached a different conclusion in their favor.

Once a complaint has been submitted, no further action is required. Investigators from the OWE will review the complaint and notify the complainant of its status.

OWE will no longer accept mailed or paper complaint forms. All forms should be completed and submitted online. If you require assistance, please contact our Office.

For questions regarding the appeals process, you may contact us at (804) 225-2136. You can also email our office at owe@dhrm.virginia.gov.

§3.3 Requirements For Agency Issuing a Final Agency Decision

The agency should follow the instructions below when composing a Final Agency Decision (FAD). The FAD should be clear, comprehensive, and include the following key elements:

Heading and Agency Information – The letter should include the agency's name, office issuing the decision, and contact details.
Case Identification – Reference the case number, complainant’s name, and any relevant dates related to the complaint and appeal process.
Statement of Issues – Clearly outline the claims raised in the complaint, including the specific allegations of discrimination, harassment, or retaliation.
Procedural History – Provide a summary of the complaint process, including key steps taken, investigations conducted, and any previous determinations.
Applicable Laws and Policies – Reference the relevant federal and state EEO laws, regulations, and agency policies that apply to the case.
Findings and Analysis – Provide a detailed explanation of the evidence considered, the legal standards applied, and the reasoning behind the decision. This section should address each claim individually.
Final Decision – Clearly state the final determination (e.g., whether discrimination was found or not) and any corrective actions, if applicable.
Appeal Rights and Next Steps – Inform the complainant of their right to appeal, including time requirements, where to file, and any alternative dispute resolution options available.
Contact Information – Provide contact details for further inquiries or clarification regarding the decision.
Signature and Date – The decision should be signed by the appropriate official with their title and the date of issuance.

This ensures transparency, legal compliance, and clear communication of the agency’s decision to the complainant.

For questions or assistance regarding the appeals process, you may contact us at (804) 225-2136. You can also email our Office at owe@dhrm.virginia.gov.

§ 3.4 Time Requirements For Filing an Appeal

An employee’s appeal must be filed with OWE within 15 calendar days of the date of the FAD.

The date the appeal is filed is the date on which it is submitted to our online portal.

Failure to timely file the appeal will result in the appeal being administratively closed and such failure will be excused only due to extraordinary circumstances.

Complaints Due To a Conflict Of Interest

§ 4.1 Conditions

OWE will directly handle discrimination complaints when any of the following conflict of interest (COI) situations apply:

The complaint is against an Agency Head.
The complaint is against an EEO Manager.
The complaint is against an HR Director.

Note: To qualify as a COI case, the individual committing the discrimination must be one of the persons listed above. The mere presence of any of these individuals during the alleged incident is not sufficient to classify the complaint as a COI. In such instances, the complaint should first be filed with the agency. See below for additional guidance.

A discrimination case that is NOT classified as a conflict of interest (COI) would involve allegations against a supervisor, manager, or coworker rather than the Agency Head, EEO manager, or HR director.

OWE will evaluate such complaints for acceptance or rejection. OWE will promptly provide written notification of its decision. If accepted, an investigation ensues as soon as administratively possible. If rejected, OWE’s association with the matter concludes.

§ 4.2 Filing a Complaint Due To a Conflict of Interest

請使用我們的網上申報系統 *，並按照以下說明確保我們收到您的投訴。

Visit our website and click on “How to File a Discrimination Due to a Conflict of Interest”. The link will take you to a webpage called DHRM Request Form or you can follow the link here.
For Report Type, click the drop down and select EEO Conflict of Interest.
完成所有標示星號（*）的部分。
Select the basis(es) for which your agency accepted your complaint.
Briefly describe why you believe that you have been discriminated against. *Failure to do so, may delay the processing of your complaint. *
- a. Elements to consider including in your brief statement:
  - A brief timeline of events
  - Provide the names, telephone numbers, and job titles, and protected categories of all persons you believe discriminated against
  - Briefly provide all details supporting your claims
請提供簽名，以確認您所分享的信息符合您的最大知識和信念。

Once a complaint has been submitted, no further action is required. Investigators will review the complaint and notify the complainant of its status.

For questions regarding the appeals process, you may contact us at (804) 225-2136. You can also email our team at owe@dhrm.virginia.gov.

* OWE 將不再接受郵寄或紙質投訴表格。所有表格應填寫並在網上提交。如果您需要協助，請聯繫我們的辦公室。

Please note that filing with the Commonwealth does not preclude you from filing a complaint federally with the U.S. Equal Employment Opportunity Commission (EEOC). In the State of Virginia, an individual has 300 days from the date of alleged discriminatory incident(s) to file a charge with the EEOC against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, genetic information, and/or disability. In the State of Virginia, an individual has 300 days from the date of alleged harm to file a charge with the EEOC against a private, city or county employer with 20 or more employees for discrimination based on age.

§ 4.3 Time Requirements For Filing a Complaint Due To a Conflict of Interest

All state employees, former state employees, and applicants for state employment may file a complaint of discrimination if they meet the requirements as outlined in § 3.0 Conditions.

Persons meeting the above requirements, may file a Discrimination Complaint with OWE within 180 calendar days of the last act of alleged discrimination.

The date the complaint is filed is the date on which it is submitted through the online system.

EEO Responsibilities

§5.1 Employee Responsibilities

Employees who believe they have experienced discrimination, harassment, or retaliation have specific responsibilities when considering or filing an Equal Employment Opportunity (EEO) complaint to ensure a fair and efficient resolution process. These responsibilities include:

Understanding EEO Protections – Employees should familiarize themselves with EEO policies, laws, and their rights under federal, state, and agency-specific regulations.

Timely Reporting – Complaints must be filed within the required timeframe (please see specific sections above for a timeline and agency policies that outline the process) to ensure eligibility for review.

Providing Accurate and Complete Information – Employees should clearly describe the alleged discrimination or retaliation, including dates, individuals involved, and any relevant details or supporting documentation.

Cooperating with the Investigation – Employees are expected to participate in good faith, respond to inquiries, and provide requested evidence or witness information to support their claims. Failure to respond to inquiries within 15 calendar days, may result in the administrative closure their complaint.

Burden of Proof – Employees should understand that they bear the burden of proving their claims of discrimination or retaliation by presenting sufficient evidence to support their allegations.

Utilizing Informal Resolution Methods – Before filing a formal complaint, employees are encouraged to engage in mediation or alternative dispute resolution (ADR), if available, to resolve issues at the lowest possible level. Employees interested in mediation should contact the DHRM Office of Employment Dispute Resolution (EDR) for consultation.

Maintaining Professional Conduct – While pursuing a complaint, employees should adhere to workplace policies and avoid retaliatory actions that could impact the investigation.

Protecting Confidentiality – Employees should respect the privacy of all parties involved and avoid sharing sensitive details of the case beyond those necessary for the process.

Seeking Guidance When Needed – Employees may consult with their agencies’ EEO counselors, HR representatives, or legal advisors to understand their options and next steps.

By fulfilling these responsibilities, employees help ensure a fair, thorough, and effective EEO complaint process while upholding workplace integrity.

Employees should contact their EEO/HR office if they are facing an adverse situation at their agency. HR/EEO staff will advise on whether to proceed with a grievance or file a discrimination complaint.

If filing a discrimination complaint, the employee must familiarize themselves with their agency's EEO policy, procedures, and relevant forms, with guidance from HR/EEO staff. The employee is responsible for providing case documentation, as the burden of proof lies with them.

Employees may not file directly with OWE, except in certain situations outlined in OWE's Conflict of Interest (COI) process. Employees are encouraged to review and understand the OWE’s process and are responsible for submitting the appeal or COI to OWE in a timely manner.

While employees cannot file a case directly with OWE (except in COI cases), they can always seek consultation. OWE can offer guidance on the circumstances they are facing and may direct them to the appropriate grievance process if applicable. Employees are reminded that they can simultaneously file a complaint of discrimination with their employing agency and the EEOC.

§ 5.2 Agency Responsibilities

Agencies must have EEO personnel that have received training in conducting EEO Investigations, preferably the New Investigators Training by the Equal Employment Opportunity Commission Training Institute.

Agency Heads, Managers, and Supervisors should receive relevant EEO training. Agency Heads should have awareness of complaints within their agency.

Agencies are responsible for developing EEO Policy statements and informing employees of such policies.

Agencies must inform employees and applicants of their EEO rights and ensure that all EEO posters are displayed in visible locations accessible to both employees and applicants.

Employees often struggle to determine whether they should file a grievance or if their situation constitutes discrimination. To address this, training and consultation should be available through the HR/EEO office. Agencies also reach out to OWE to provide such training. Agencies should also notify employees of their right to consult with the OWE for guidance.

Agencies must develop an EEO complaint process by which they can collect information related to allegations of discrimination. The agency complaint process should include detailed forms to collect information as well as have clear directions for the employee on how to fill the form and provide all information to create a case.

Agencies are required to respond to all complaints of discrimination in a timely and professional manner. Upon receipt of a discrimination complaint, the agency must acknowledge the complaint promptly and inform the complainant of the next steps in the process. Timely responses are essential to demonstrate the agency's commitment to addressing discrimination concerns, ensuring fairness, and maintaining trust. Acknowledging receipt of complaints helps to reassure employees that their concerns are taken seriously, promotes transparency, and minimizes the potential for escalation. It also supports a respectful and compliant workplace environment, aligning with the agency's legal and ethical responsibilities to address discrimination promptly.

The complaint must be received in a timely manner and the case should be investigated by trained employees as referenced above. There should be a timeline within which the case is accepted and investigated. This timeline should be communicated to the employee. Agency investigators must inform the employee in writing of the acceptance of their complaint. Acceptance letters should include when the complaint was filed, the allegations and issues the employee brought forward, and the allegations and issues the agency has accepted for investigation. A final agency decision must be issued at the conclusion of the investigation.

Agencies must inform employees of their right to file an appeal with the DHRM's Office of Workforce Engagement if they are dissatisfied with the final decision issued by their employing agency. Agency EEO personnel should familiarize themselves with the DHRM complaint process to assist employees in either filing an appeal to the FAD, as outlined above, or filing directly with DHRM in cases where DHRM accepts complaints directly, as specified in the COI section of the DHRM discrimination complaint process.

To protect employee rights to appeal within 15 calendar days of the FAD, the FAD must be dated the same date it is presented to the employee.

If an employee appeals the FAD and the appeal is accepted by OWE, the agency’s Human Resource Office and/or EEO Office is required to provide a copy of the agency FAD, including a copy of the employee's complaint form, the acceptance letter, attachments submitted by the employee.

Agencies that do not currently have an EEO complaint process as outlined above, should contact the OWE for consultation and support in building a comprehensive EEO process.

§ 5.3 Agency Mandatory EEO Reporting Requirements

Agencies are responsible for completing and submitting the biannual EDR/EEO case report as required by DHRM. For this purpose, it is extremely important that agencies maintain records of all cases filed and the related information. Agencies should also include cases that have been filed with the EEOC. Cases reported should not be aggregated. Agencies must list each case separately and include the number of allegations, the issue, the current status and the outcome of each case.

OWE will notify agencies of when such reports should be completed and returned to OWE. For any questions related to this report, please contact OWE.

6.0 Definitions

Age: Discrimination against employees who are 40 years of age or older.

Agency Head: The Director, Commissioner, or other appointed head of the state agency or the individual who has been delegated the authority to act for the agency head.

Appeal: A process where an employee files an appeal after receiving a final agency decision (FAD) on an EEO complaint.

Bases (protected categories): the specific reason or characteristic (such as race, sex, age, disability, etc.) that the employee believes led to unfair treatment or discrimination in the workplace.

Burden of proof: it refers to the responsibility of the complainant (employee) to provide sufficient evidence to support their claim of discrimination, harassment, or retaliation. The complainant must establish that they experienced adverse treatment based on a protected characteristic (such as race, gender, disability, or age) and that this treatment violated EEO laws.

Color: Discrimination based on the color of a person's skin, regardless of their race.

Complaint: A formal allegation filed by an employee claiming discrimination, harassment, or retaliation in violation of EEO laws.

Conflict of Interest (COI): A situation in which there is a potential conflict arising from discrimination involving high-level leadership (Agency Head, HR Director, or EEO Director).

Disability: Discrimination based on physical or mental impairments that substantially limit one or more major life activities.

Discrimination: Unfair treatment of an individual or group based on a protected characteristic such as race, gender, disability, or age. See DHRM Policy 2.05, Equal Employment Opportunity

Equal Employment Opportunity (EEO): The principle that all employees should have fair treatment in employment decisions, regardless of protected characteristics.

EEO Investigator: An individual trained to conduct EEO investigations.

EEO Manager: The individual responsible for handling EEO related matters including discrimination complaint investigations.

Final Agency Decision (FAD): An agency's written decision on a formal complaint of discrimination to the complainant the explains the findings of the complaint and explains appeal information.

Genetic Information: Discrimination based on an individual’s genetic information, including family medical history.

Grievance: Written complaint on the Grievance Form A stating the management actions and omissions being challenged, the facts in support of the grievance, and the relief requested.

HR Director: Individual who has oversight of all HR operations.

Mediation: Voluntary process through which individuals, with the assistance of mediators, may reach an agreement to resolve work-related issues.

National Origin: Discrimination based on the employee's birthplace, ancestry, culture, or language.

Race: Discrimination based on the employee’s race (or traits historically associated with race including hair texture, hair type, and protective hairstyles such as braids, locks, and twists) or ethnicity.

Religion: Discrimination based on the employee’s religious beliefs or practices.

Retaliation: Discrimination or adverse actions taken against an employee for engaging in protected activities, such as filing a complaint or participating in an investigation.