Equal Employment Opportunity Complaint Procedure

• 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, assess whether the allegations are sustained or not, and make recommendations for discipline or actions to rectify the wrongdoing if found.
  
  Please note: The time period may be extended up to an additional 30 days if the applicant or employee who filed the complaint provides written authorization to the investigator. Therefore, the investigation should not exceed 90 days. MD State Personnel and Pensions, 11-106(b) and MD CORR SERV § 11-1009, depending on the employee, require an appointing authority to impose disciplinary action within a certain time frame after acquiring knowledge of the misconduct for which the disciplinary action is imposed. The appointing authority and the investigatory body are two different departments within the agency. The EEO investigator or designee (often an investigator in the DPSCS Internal Intelligence and Investigation Division), not the appointing authority, is the individual responsible for investigating complaints that allege a violation of Maryland Fair Practices, § 5-208 and/or that allege harassment in violation of § 20-606(a)(5) of the State Government Article. After the complaint is investigated, the finding is sent to the appointing authority. It is the appointing authority's receipt of the finding that triggers the appropriate window of time to take disciplinary action, as appropriate. Appointing authority for purposes outlined is the unit head and/or appointing authority for the facility or DPSCS division to which the accused party reports.

60 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