Can a federal sector employee file both a grievance and an EEO complaint alleging employment discrimination?
Generally, a federal sector employee may not file both a grievance and an EEO complaint on the same matter, if the applicable collective bargaining agreement permits the employee to raise issues of discrimination in the grievance process. The employee must elect to raise the matter of alleged discrimination under either EEOC Regulation 29 C.F.R. Part 1614 or the negotiated grievance process, but not both. This applies to individuals employed by an agency subject to 5 U.S.C. § 7121(d). The underlying principle is that an aggrieved employee who has a choice of forums in which to proceed cannot go forward in more than one forum.1 2. How does an employee make an election to file an EEO complaint? An employee who files a formal written complaint under 29 C.F.R. § 1614.106 has elected to proceed in the EEO forum. Once an employee files a formal EEO complaint, he or she may not then file a grievance on the same matter. Contacting an EEO Counselor or otherwise using the pre-complaint process d
