The 45-day rule
Federal civilian employees and applicants for federal employment who believe they were discriminated against on a Title VII / ADA / GINA / Rehabilitation Act / ADEA basis must initiate contact with an agency EEO Counselor within 45 days of the matter alleged to be discriminatory — or, in the case of an effective personnel action, within 45 days of the effective date. 29 CFR § 1614.105 sets the procedural frame.
The 45-day rule replaces the 180/300-day private-sector charge process. There is no parallel pathway — you cannot bypass the agency EEO step by going directly to the EEOC Public Portal.
Stage 1 — Contact with EEO Counselor (within 45 days)
Initiating contact is the timeliness-preserving step. Your agency EEO Office has a published procedure; typically the agency designates trained EEO Counselors and publishes an EEO contact page. Documenting the initial contact (email, certified mail, intake form) is important — it is the equivalent of the EEOC's verified charge filing for timeliness purposes.
Stage 2 — Pre-complaint counseling
The standard pre-complaint counseling period is 30 days from contact to final interview. The period can be extended by 60-day mutual written agreement, or up to 90 days if the parties elect Alternative Dispute Resolution (ADR).
Counseling produces either an informal resolution or a Notice of Right to File a Formal Complaint. The notice triggers the 15-day window to file the formal complaint with the agency EEO Office.
Stage 3 — Formal complaint
The formal complaint goes to the agency, which conducts an investigation (typically 180 days from filing). The agency issues a Report of Investigation and a Notice of Right to Request a Hearing before an EEOC Administrative Judge OR a Final Agency Decision.
Stage 4 — EEOC OFO appeal or federal court
From the final agency decision (or the EEOC AJ's decision), the employee can appeal to the EEOC's Office of Federal Operations (OFO) or file a civil action in federal district court. Each path has its own appeal windows; consult your agency EEO Office and a federal-employee employment attorney before electing.
Mixed cases — MSPB election
When the discrimination complaint also alleges an adverse personnel action appealable to the Merit Systems Protection Board (MSPB) — termination, suspension over 14 days, reduction in grade or pay, furlough of 30 days or less — the case is a "mixed case." The employee can elect either:
- MSPB path. File the MSPB appeal within 30 days of the effective date of the personnel action. The MSPB judge addresses both the personnel action and the discrimination claim. EEOC OFO has petition-review authority over the MSPB's discrimination ruling.
- EEO path. Initiate the agency EEO process within 45 days as with any other federal-sector complaint.
The election is final once made. Mixed-case procedural mechanics benefit significantly from federal-employee employment counsel — the deadlines and appeal posture differ from both private-sector and standard federal-sector paths.
Discretionary extensions to the 45-day clock
The agency or the Commission may extend the 45-day period where the aggrieved person:
- Was not notified of the time limits and was not otherwise aware of them.
- Did not know and reasonably should not have known that the act or matter occurred.
- Was prevented by circumstances beyond their control from contacting the counselor within the time limits.
- For other reasons considered sufficient by the agency or Commission.
Extensions are discretionary; do not rely on them.
Federal contractors are different
Employees of federal contractors are not federal employees for EEO purposes. They follow the private-sector 180/300-day EEOC charge path, with a possible parallel OFCCP complaint path for executive-order-based claims (Executive Order 11246, etc.). The decoder's "federal contractor" employer-type option keeps you in the standard 180/300 path with an OFCCP overlay note.