In the process of completing the SF 86. I recently filed a complaint against my current employer with the EEOC/State Division of Human Rights regarding discrimination. This action is administrative in nature and not part of a legal proceeding that was filed in court or required me to go to court. The form speaks about civil court matters where my filing doesn’t appear to meet. Anyone have experience about how to disclose this or whether my eeoc filing meets the criteria for this section?
Disclose it during your interview with an Investigator when asked about issues at the employment. If the Investigator forgets to ask if you had issues at the job be sure and volunteer the info because they’ll find out anyway. You’ll be asked to explain the situation in detail.
It is not a public record civil court action; however, I recommend you explain what’s happening in the “Add Optional Comments” text field at section 28 or at the end of the form. You want to get out in front of this as early as possible. Anticipate unfavorable information from your employer or supervisor when they are interview or respond to a letter inquiry. If an investigator does an employment check at that employer, it will give the investigator a heads up and he/she will do a better job of asking questions and collecting information. Depending on your clearance level, you may or may not be interviewed.
If the employer provides adverse info because you filed EEO against them, wouldn’t that be retaliation and therefore be illegal?
The employers hands can’t be tied just because an employee thinks they were wronged.
Tied with what though? We are assuming good that there is “unfavorable information” just based on the fact that this person filed EEO. Why? You know it’s possible for someone’s to have been discriminated against without having done something wrong themselves, right? And, as I said, if the employer provides “unfavorable information” because the employee filed EEO, that is retaliatory.
It’s also possible that the employee feels slighted because they weren’t promoted, had their hours changed or something else.
Their HR file could be clean.
Don’t over think it. I have a medical malpractice clai at present that I didn’t report. Texas requires you to give a physician or facility 60 days’ notice of intent to sue with an authorization to access your medical records going back five years.
I didn’t report it because a lawsuit hasn’t be filed yet. They’re in their 60 day period to investigate my medical history for settlement purposes. EEOC, MSPB, etc., are not civil actions. They are administrative procedures for resolving disputes. They become civil suits when you appeal a decision to an actual court