Equal Employment Opportunity Complaint Procedure

 

Steps in Procedures

Time Line

  • An applicant or employee may file a written complaint with the appropriate head of the principal unit within 1 year after the complainant knew, or reasonably should have known, of the alleged violation of the State's Fair Employment Practices Policy (SPP 5-211).

1 Year

  • A complaint filed under SPP Title 5-211 (A) (2) alleging harassment in violation of § 20–606(a)(5) of the State Government Article must be filed within two years after the alleged violation that is the basis for the complaint. This includes but is not limited to sexual harassment complaints and bullying/harassment complaints that include a protected status basis.
​2 Years
  • ​After receiving the complaint, the agency Equal Employment Opportunity Officer shall investigate and recommend a proposed decision to the head of the principal unit. The head of the principal unit shall issue a written decision to the complainant and may grant any appropriate relief.​

30 Days

  • The complainant may appeal, in writing, to the Department of Budget and Management, Office of the Statewide Equal Employment Opportunity Coordinator, Room 607, 301 West Preston Street, Baltimore, MD 21201.

10 Days

  • After receiving the appeal, the Statewide Equal Employment Opportunity Coordinator shall review the complaint and the agency decision and conduct any necessary investigation. The Office of the Statewide Equal Employment Opportunity Coordinator shall issue the final decision which may be to grant the relief requested by the complainant or dismiss the complaint.

30 Days

 

Miscellaneous Provisions:

  • Procedure covers employees and applicants for positions in the Skilled, Professional and Management Services, or comparable positions in independent personnel systems.

  • Employees in the State Personnel Management System may elect to pursue an allegation of employment discrimination under either the above complaint procedure or the grievance procedure in SPP Title 12.

  • Days refer to calendar days.

  • Failure of any agency to respond to a complaint within the established time lines is considered a denial from which an appeal may be made.

  • A complainant may be represented during the complaint process by any person the complainant chooses.

  • The complainant and/or respondent may recommend mediation during any step in the procedures.

Source: State Personnel & Pensions Article, Title 5, Subtitle 2

The employee may also file a complaint with the Maryland Commission on Civil Rights (MCCR) or the Equal Employment Opportunity Commission (EEOC).

 

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