Federal employees and applicants use a distinct EEO process with short deadlines and agency-specific steps. Anita M. Kelley’s published biography states that she practices federal-sector Equal Employment Opportunity law for government workers and handles some administrative and arbitration matters nationwide.
A different process from private-sector charges
The EEOC’s federal-sector process generally begins inside the employing agency. A federal employee or applicant usually starts by contacting that agency’s EEO office or an EEO Counselor, rather than by filing the same charge used by many private-sector employees.
The EEOC says counselor contact generally must begin within 45 days of the alleged discriminatory event. If counseling does not resolve the matter, the counselor issues a notice explaining how to file a formal complaint; the EEOC describes a 15-day period after receipt of that notice. Because timeliness questions can be fact-specific, prompt action is important.
Issues this resource addresses
Retaliation after EEO activity
Learn what protected activity can include and why the surrounding facts, timing, and documentation matter.
Disability and accommodation
Understand the request and interactive-process framework described in federal EEOC guidance.
The federal EEO process
See a plain-language overview of counseling, a formal complaint, investigation, and later choices.
How the firm may evaluate an inquiry
An initial review may include the employing agency, the challenged action, relevant dates, the protected basis or activity involved, prior EEO contact, notices received, and whether a grievance, MSPB appeal, union process, or court case may overlap. The correct route depends on the individual facts.
Common questions
Do federal employees use the same EEO process as private-sector employees?
No. Federal employees and applicants generally begin within their own agency by contacting an EEO Counselor, and the later complaint, investigation, hearing, and appeal steps are governed by the federal-sector process.
How quickly should a federal employee contact an EEO Counselor?
The EEOC states that contact generally must begin within 45 days of the alleged discriminatory event or the effective date of a personnel action. Timeliness can be fact-specific, so prompt action is important.
Does Anita handle federal-sector EEO matters outside New Mexico?
Yes. Anita’s published biography states that she practices federal-sector EEO law for government workers and handles some administrative and arbitration matters nationwide.
About Anita M. Kelley
Anita’s published biography says she earned her JD from the University of New Mexico School of Law in 2006, became licensed in New Mexico state and federal court that year, opened her firm in 2012 after six years in civil defense practice, and represents clients in EEOC matters. It also states that she practices federal-sector EEO law for government workers and handles some administrative and arbitration matters nationwide.
Important information
This page provides general information, not legal advice. Deadlines and available procedures can depend on the facts, the employing agency, bargaining-unit coverage, and other elections or proceedings. Contacting the firm does not create an attorney-client relationship. Do not send confidential or sensitive documents until the firm confirms that it can review your matter.
Deadlines can be short. The EEOC states that a federal employee or applicant generally must contact an agency EEO Counselor within 45 days of the alleged discriminatory event or the effective date of a personnel action. Exceptions may apply, but they should not be assumed.