How to file an EEO complaint

Who Can File an EEO Complaint, and What Does DHR EEO Investigate?

The Department of Human Resources Equal Employment Opportunity Division (DHR EEO) only has jurisdiction to investigate complaints of EEO policy violations. An EEO policy violation involves harmful conduct to an employee’s civil rights or job (issue) due to a protected class (basis). If your complaint is unrelated to an EEO Policy violation – such as government ethic violations, workplace violence, or interpersonal conflict – DHR EEO has no jurisdiction to investigate it. However, other City offices may have jurisdiction over these complaints.

One way to determine if DHR EEO may have jurisdiction to process your complaint is if your alleged experiences fit into the following framework using the table below:

I believe that I was (insert issue) due to my (insert basis).

For example, I believe I was denied a promotion due to my gender (female).

Who can file a complaint?

• Applicants
• City Employees
• City Interns
• Volunteers
• Contractors

What common issues does DHR EEO investigate?

• Adverse Work Assignments, Unequal Compensation, Disciplinary Action
• Harassment, Sexual Harassment, Termination
• Denial of Employment, Promotion, Training, or Reasonable Accommodation

What factors can form the basis of a complaint?

• Sex, Gender, Sexual Orientation, Gender Identity, or Gender Expression
• Race, Color, National Origin, Ethnicity, or Ancestry
• Age (over 40)
• Retaliation for certain protected activities*
• Religion or Creed
• Disability (Physical or Mental), Medical Condition, Genetic Information
• Military or Veteran Status
• Height or Weight
• Marital or Domestic Partner Status, Parental Status
• Political Affiliation
• Association with Someone in One of the Above Protected Classes

*The City’s EEO Policy prohibits retaliation for: reporting or filing a discrimination complaint; opposing conduct reasonably believed to be discrimination, harassment, or retaliation; assisting in the investigation of a discrimination complaint or lawsuit; taking protected leave like FMLA; and requesting an accommodation for a disability or a religious practice.

Complaints alleging retaliation for other reasons (e.g., for challenging a supervisor’s authority, or for complaining that a co-worker or supervisor was not doing their job) are not within the jurisdiction of the EEO office to investigate.

When Do I File a Complaint?

Complaints filed through DHR EEO must be filed within 180 calendar days of the date of the alleged issue (discriminatory action, harassment, or retaliatory action), or the date the individual should have first become aware of the issue. Therefore, time is an important factor when filing a complaint. If a complaint is not filed within the 180-calendar day deadline, it will be time-barred and DHR EEO will not be able to investigate it.

How Do I File a Complaint?

There are different ways you can file an EEO complaint. You can submit a complaint to DHR EEO through e-mail, phone, U.S. mail, or in person. You can also submit complaints to your home department’s EEO or Human Resources office. Additionally, you may file your complaint externally with the U.S. Equal Employment Opportunity Commission (EEOC), the California Civil Rights Department (CRD), or through your union (if represented).

What Information Do I Provide When Filing a Complaint?

Your complaint should include the following: your name and pronoun; contact information; your job title and department; the issue and basis for your complaint; dates of the alleged discrimination, harassment, or retaliation; and any witnesses to the alleged conduct.

Ways to File a Complaint Internally with the City

Email complaint:

• DHR-EEO@sfgov.org

Call the EEO helpline:

• 628-652-0845
• 628-652-0715 (TTY)

Mail complaint:

• Attention: EEO Division, 1 South Van Ness, 4th Floor, San Francisco, CA 94103

Walk-in complaint:

• Hours of Operation: Monday to Friday, 8:00 am - 5:00 pm

Home department:

• Employees may file complaints with their department’s human resources office, which will report the complaint to DHR EEO.

Ways to file a complaint externally

Federal government

Complaints of employment discrimination, harassment, or retaliation may also be filed with the U.S. Equal Employment Opportunity Commission (EEOC).

State government

Complaints of employment discrimination, harassment, or retaliation may also be filed with the California Civil Rights Department (CRD).

Your union

Employees may elect to file complaints of discrimination, harassment, and retaliation through the grievance process outlined in the applicable MOU. Employees should contact their union for more details.