Who can initiate a complaint?

A person who has been discriminated on the basis of race, color, religion, sex, national origin, age (when the aggrieved person is at least 40 years of age), or handicap, and sex-based wage discrimination, and pregnancy discrimination. Complaints alleging retaliation prohibited by the above statutes are considered to be complaints of discrimination and are a violation of Title VII of the Civil Rights Act of 1964. Instances of discrimination can include, but is not limited to, disparate treatment, harassment, creation of a hostile work atmosphere (which can include a number of factors), etc.

Can you submit an EEO if your FMLA rights have been violated for your serious, or chronic serious health conditions. The answer is, YES. Even though the FMLA is administered by the Department of Labor and any violations do not fall under the jurisdiction of the EEOC, your FMLA rights are considered a "term, condition, or benefit" of employment, and as such, it falls under EEOC's jurisdiction.

However, here are some additional tidbits of information which can be relevant to success:

1. You can submit an EEOC complaint for FMLA denial in regards to your dependents. A recent EEOC decision, Robert B. Kirkland v. John E. Potter, EEOC Appeal No. 01A10621 dated March 14, 2002, has stated, in part, "With regard to his disability claim, complainant alleged that it was based on his wife's disability (her chronic physical condition). The Commission has held that a complainant states a claim when he or she alleges disability discrimination based upon his or her association with a person with a disability. Gholston v. Department of the Army, EEOC Appeal No. 01941796 (July 15, 1994), request to reopen dismissed, EEOC Request No. 05940857 (May 23, 1996); 29 C.F.R. § 1630.8."

2. Your, or your dependent's, serious, or chronic serious, health condition must meet the statutory definition of a "disability". See The Disabilities Page for a brief explanation of what is required.

3. Your EEO complaint must be brought to the attention of an EEO counselor at the agency within 45 days of the incident.

4. You must abide by all suspense dates.

Does the above guarantee success? Are the headaches worth it? What will you get? I can't answer any of those questions for you. The only thing that I can say is this; if you allow the continued violations by the Agency of a benefit given to you by Congress and those violations are of the scope and magnitude that is being practiced by the Agency, then your FMLA benefit may be seriously eroded in the near future. Are you willing to allow that to happen because of your inaction? That's a choice that you have to make because no one else can make it for you.