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  2. Can I still file a complaint if my issue is not discriminatory or harassing, just unfair?

Can I still file a complaint if my issue is not discriminatory or harassing, just unfair?

Yes. During the Pre-Complaint process, a complaint can be filed even if your issue does not allege unlawful discrimination; however, to move to the next stage in the process, this type of complaint would be dismissed for failing to state a valid claim of discrimination. Therefore, first consider discussing the matter with your supervisor to work through a resolution to your issue. Additionally, there are other avenues to consider if the issue bringing you concern is not based on unlawful discrimination. Some of these avenues may include:

  • An appeal to the Merit Systems Protection Board (MSPB) where an action is otherwise appealable to the Board and the employee alleges that the basis for the action was discrimination prohibited by Federal law;
  • A complaint of possible prohibited personnel practice with the Office of Special Counsel; and/or
  • A negotiated or administrative grievance.
Last Modified: Jun 12, 2023