VA Form 4939: File VA Employment Discrimination Complaint

VA Form 4939: File VA Employment Discrimination Complaint – If you are a current VA employee, former employee, or applicant for employment with the Department of Veterans Affairs and believe you have experienced unlawful employment discrimination, VA Form 4939 is the official form used to file a formal Equal Employment Opportunity (EEO) complaint. This process is governed by EEOC regulations under 29 C.F.R. § 1614 and applies to discrimination based on race, color, religion, sex (including sexual orientation, gender identity, and transgender status), national origin, age (40 and older), physical or mental disability, genetic information (including family medical history), or reprisal for prior EEO activity.

This comprehensive guide explains who can use the form, the required pre-complaint process, exact deadlines, how to complete and submit VA Form 4939, what happens afterward, and practical tips for U.S. VA employees and applicants.

What Is VA Form 4939?

VA Form 4939, Complaint of Employment Discrimination (revised July 2020, superseding the March 2017 version), is the standardized form that establishes the official filing date for a formal EEO complaint within the Department of Veterans Affairs.

It is used after you complete the required informal (pre-complaint) counseling process through the VA’s Office of Resolution Management (ORM). The form allows you to detail your claims, the protected bases, specific incidents or personnel actions, and the remedies you are seeking.

Download the current official form here:
Download VA Form 4939 (PDF)

Who Can File VA Form 4939?

You may file VA Form 4939 if you are:

  • A current VA employee
  • A former VA employee
  • An applicant for VA employment

The form covers employment-related discrimination and reprisal claims under federal EEO law. It does not apply to discrimination in VA benefits, healthcare, or programs for veterans (those have separate complaint processes).

Important: You must first contact an ORM EEO counselor for informal counseling before you can file a formal complaint using this form. Claims in your formal complaint are generally limited to those discussed during counseling.

The VA EEO Complaint Process: Step-by-Step Overview

Understanding the full process helps ensure you meet all requirements:

  1. Informal (Pre-Complaint) Stage — Contact an ORM EEO counselor within 45 calendar days of the alleged discriminatory act or personnel action (or when you became aware of it). Counseling lasts up to 30 calendar days (or up to 90 days if you elect Alternative Dispute Resolution — ADR).
  2. Notice of Right to File — If issues are not resolved, you receive a Notice of Right to File a Discrimination Complaint (NRTF).
  3. Formal Complaint Stage — File VA Form 4939 within 15 calendar days of receiving the NRTF.
  4. Investigation — ORM investigates accepted claims (typically within 180 days).
  5. Post-Investigation Election — You may request an EEOC hearing before an Administrative Judge or a Final Agency Decision (FAD) from VA’s Office of Employment Discrimination Complaint Adjudication (OEDCA).
  6. Appeals — Appeal an unfavorable FAD or dismissal to the EEOC, and ultimately to federal court if needed.

ADR (mediation) is available at multiple stages and can lead to faster, mutually agreeable resolutions.

Key Deadlines You Must Meet

  • Initial contact with EEO counselor: Within 45 calendar days of the incident or effective date of the personnel action.
  • Formal complaint (VA Form 4939): Within 15 calendar days of receiving the Notice of Right to File a Discrimination Complaint.
  • Investigation completion: Generally 180 calendar days (extensions possible).
  • Election after investigation: Within 30 calendar days of receiving the Report of Investigation and Advisement of Rights.

Missing these deadlines can result in dismissal of your complaint. If you are late, you must explain the delay on the form or an attachment, and it must be accepted under EEOC rules.

How to Complete VA Form 4939? Section-by-Section Guidance

Complete the form accurately and factually. Use additional sheets if needed, but avoid including protected health information or details that violate the Privacy Act.

Main sections include:

  • Complainant Information (Items 1–5): Full name, address, email, phone numbers, employment status (current/former/applicant), job title/series/grade, and the specific VA facility where the discrimination occurred.
  • Basis of Discrimination (Item 8): Check all that apply and specify details (e.g., race, sex including gender identity, age with date of birth, disability, reprisal with description of prior EEO activity).
  • Claims / Incidents (Items 9–10): Clearly describe each specific claim, incident, or personnel action, including exact or approximate dates. Limit claims to those discussed with your EEO counselor. If any were not discussed, contact the ORMDI Regional EEO Officer immediately.
  • Remedies Sought (Item 11): State what you want (e.g., corrective action, back pay, promotion, training, policy changes, compensatory damages).
  • Representation (Item 12): Provide details if you have a representative (union steward, attorney, or other). Note that VA EEO staff cannot represent you.
  • Prior Actions (Items 13–17): Disclose any union grievance, MSPB appeal, or prior EEO activity. Explain any untimeliness.
  • Signature (Item 18): Sign in ink and date the form.

Tips for strong completion: Be specific with dates, names, and actions. Focus on facts rather than opinions. Attach supporting documents if available. Have your EEO counselor review the procedural aspects if offered.

Where and How to Submit VA Form 4939?

Submit the completed form to the ORMDI District Office identified in your Notice of Right to File a Discrimination Complaint. Acceptable methods include:

  • Mail (use certified or express mail with return receipt)
  • In person
  • Email
  • Facsimile (fax)

Filing instructions are included with your NRTF. Keep copies of everything and proof of submission. Update ORM promptly if your address or contact information changes.

What Happens After Filing VA Form 4939?

ORM reviews the complaint for acceptance or dismissal. Accepted claims proceed to investigation. You will receive a Report of Investigation and can then elect either an EEOC hearing or a Final Agency Decision issued by OEDCA.

Unfavorable decisions or dismissals can be appealed to the EEOC’s Office of Federal Operations. You also retain the right to file a civil action in U.S. District Court under certain conditions and timelines.

Retaliation for filing or participating in the EEO process is strictly prohibited.

Tips for Filing a Strong VA Employment Discrimination Complaint

  • Act quickly to meet the 45-day and 15-day deadlines.
  • Document everything in writing (emails, notes of conversations, performance reviews).
  • Be precise and consistent in describing incidents and bases.
  • Clearly state the remedies you are seeking.
  • Consider professional representation (attorney or union) for complex cases.
  • Keep copies of all submissions and correspondence.
  • Use ADR where appropriate—it is voluntary and confidential.

Common Mistakes to Avoid

  • Filing the formal complaint before completing informal counseling.
  • Including claims not discussed with the EEO counselor.
  • Missing the 15-day filing window after receiving the NRTF.
  • Providing vague or incomplete descriptions of incidents.
  • Failing to explain any delays in initial contact or formal filing.
  • Submitting to the wrong office or without proper proof of delivery.

Additional Resources and Official Sources

Here are trusted, current resources for VA employees and applicants:

Hotline for assistance: Call the ORM EEO hotline at 1-888-566-3982 (or TTY/TDD 1-888-626-9008), Monday–Friday, 8:00 AM–6:00 PM Eastern Time.

Your Rights and Next Steps

Filing a complaint is your right under federal law. The process is designed to be fair and to protect employees from retaliation. Many complaints are resolved through counseling or ADR without proceeding to a full investigation.

For the most current guidance, always start with the official VA Form 4939 PDF and the Notice of Right to File you receive from your EEO counselor. If you have questions about your specific situation, contact your ORM EEO counselor or the hotline above.

This guide is for informational purposes and is based on official VA and EEOC sources. It is not legal advice. Consider consulting an attorney or your union representative for personalized assistance with your complaint.

By following the proper steps and meeting all deadlines, you can effectively exercise your rights through the VA’s EEO process using VA Form 4939.