CRCL’s EEO Programs Complaints Management and Adjudication Section leads the processing of equal employment opportunity (EEO) complaints throughout the Department of Homeland Security (DHS). The Section prepares final actions on all formal EEO complaints filed by DHS employees, former employees, and applicants for employment who allege discrimination in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Equal Pay Act of 1963, the Genetic Information Nondiscrimination Act of 2008, and Executive Orders prohibiting discrimination on the bases of parental status and sexual orientation. Additionally, the CMAS prepares the following Departmental reports:
- Annual Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 ("No FEAR Act") Report
- Quarterly No FEAR Act data postings
- Annual Federal Equal Employment Opportunity Statistical Report of Discrimination Complaints ("462 Report")
Federal-sector EEO complaint processing guidelines are contained in Equal Employment Opportunity Commission (EEOC) regulations at Title 29, Code of Federal Regulations (C.F.R), Part 1614.
The Complaints Management and Adjudication Section provides leadership and guidance to each DHS Component's EEO complaint process. Its Director and her senior staff engage on an ongoing basis with the Component Complaints Managers, providing guidance, discussing workflow, providing case status updates, and sharing process enhancements and best practices used throughout DHS and other Federal agencies. The Supervisory Senior Complaints Manager provides guidance and support to Components, directs in-house complaint processing, and serves as the DHS icomplaints® database administrator. The Compliance Manager monitors the Components' progress in implementing relief ordered by DHS final actions in findings of discrimination and by the Equal Employment Opportunity Commission's (EEOC) Office of Federal Operations (OFO). Additionally, the Compliance Manager serves as the liaison between the Components and EEOC OFO and produces a comprehensive monthly report to EEOC OFO regarding all DHS compliance actions. Five EEO Assistants perform critical roles within the complaints management team including intake of requests for Final Action, out-processing of approved decisions, customer service functions, and data entry into our Departmental enterprise complaint processing database, from which Departmental reports are produced.
The Complaints Management and Adjudication Section also prepares Final Actions adjudicating EEO complaints. At DHS, the CRCL Deputy Officer and Director for EEO and Diversity Programs (Deputy Officer) has the authority to take final action to decide the outcome of EEO complaints. The Deputy Officer relies on staff to analyze the evidentiary records for each EEO complaint and draft decisions for the Deputy Officer's review, signature, and issuance.
The adjudication section is led by two Supervisory Senior Analysts, who direct the assignment of Final Actions to ten EEO Analysts. Final Actions include merit Final Agency Decisions (FADs); procedural FADs, Final Orders, decisions on awards of compensatory damages and attorney’s fees, determinations on allegations of breach of settlement agreements, and other administrative closure actions. CRCL issues procedural dismissals of complaints based on criteria contained at 29 C.F.R. § 1614.107(a). If the CRCL Final Action results in a finding of discrimination, the decision outlines specific relief the Component must provide the complainant; this relief may include back pay, compensatory damages, or other appropriate remedial measures. 29 C.F.R. § 1614.110(b).
Section leadership and team members strive for efficiency and accuracy in all actions we process. Over the past two to three years, the Section has leveraged technology to improve our timeliness and effectiveness, in partnership with DHS Component EEO offices. As a result, we now receive most requests for Final Action via electronic means, our Analysts utilize electronic records during the preparation of Final Actions, and our EEO complaints management staff issues decisions electronically to the extent possible, in accessibility-compliant, password-protected formats.
DHS EEO Complaint Statistics
In Fiscal Year 2011, DHS EEO complaint statistics were as follows:
- Number of DHS employees: 199,492
- Number of Counselings Completed: 2096
- Number of Formal Complaints Filed: 1283
- Number of Investigations Completed: 888
- Number of Final Actions Issued: 855
- Number of Merit FADs: 457
- Number of Procedural Dismissals: 163
- Number of Final Orders: 235
Guidance and Resources
- U.S. Equal Employment Opportunity Commission
- U.S. Merit Systems Protection Board
- U.S. Office of Special Counsel
- EEOC Management Directive 110
- EEOC Compliance Manual
- EEOC Enforcement Guidance and Related Documents
- EEOC Federal Sector Reports
- EEOC Appellate Decisions
- EEOC "EEO Is the Law" Poster
By mail or phone:
Office for Civil Rights and Civil Liberties
U.S. Department of Homeland Security
Building 410, Mail Stop #0191
Washington, DC 20528-0191
Toll Free: 1-866-644-8360