EEOC Public Portal - Agency Frequently Asked Questions - Hearings

Do agency representatives and EEO agency staff need to access the EEOC Public Portal?

The EEOC Public Portal is for complainants and their representatives.   

Does a complainant’s use of the EEOC Public Portal affect how agency representatives and EEO staff access FedSEP? 

No.

Does the agency receive notification of a hearing request submitted in the EEOC Public Portal? 

Yes, the agency EEO Director and any contacts identified by the agency receive an automatic notification once the Hearing Request is docketed.

What constitutes official Notice that a Hearing Request was filed?

Once a hearing request is docketed, notice goes to the EEO Director and the contacts identified by the agencies. This constitutes official notice to the agency that the hearing request is docketed.

Does the agency need to check FedSEP daily in order to be aware of newly docketed hearings requests? 

Yes, we strongly recommend the agencies check their open inventory daily.    

Once the agency receives notification that a hearing request has been docketed, where will the docketed case appear in FedSEP?

Newly docketed cases will appear in the agency’s FedSEP Hearing inventory.  

Does the EEOC Public Portal affect how agencies submit the Report of Investigation (ROI)?

No.  Agencies continue to submit documentation, including the ROI, via FedSEP.  You must title your document Report of Investigation and submit it by selecting the document type identified as “Report of Investigation.” 

Are complainants/their representatives able to see the documents uploaded by the agency.

Yes.  All documentation uploaded via FedSEP will be viewable by approved parties through the Portal.  

Will the Administrative Judges’ orders continue to be uploaded to FedSEP?  Will they appear as they do now?

Yes.

What if the complainant enters incorrect agency information such as an address or agency number?

EEOC hearings units will work with the agency and the complainant to ensure that the erroneous information is corrected. 

What if FedSEP fails to properly send a notice that a hearing request has been docketed. 

If an agency FedSEP user is not receiving these notices, he/she should email fedsephearings@eeoc.gov so that EEOC can determine and remediate the issue.

Can agency FedSEP users sort the hearings inventory list by date rather than docket number?  Will there be a “most recently added cases” function?

Not at this time.  However, EEOC has heard that this is a desired function so that agencies can more easily identify hearing requests filed via the EEOC Public Portal, and is working on a solution to be implemented in a subsequent update.

Does complainants’ use of the EEOC Public Portal affect agencies’ service requirements? 

EEOC has determined that it will consider complainants’ submissions via the EEOC Public Portal as having complied with the service requirements of 29 C.F.R. Part 1614. 

Are there times when a hard copy is required?

Yes, as determined by the Administrative Judge.

How will agencies know when a decision has been issued?

The Administrative Judge will issue a decision that will be viewable in FedSEP and the complainant portal.

Will ADR be offered to the parties after a hearing request has been submitted?

You will receive an invitation through the system to participate in ADR shortly after the hearing request is docketed. If the parties agree to participate then the Administrative Judge may schedule a settlement/mediation conference.  For more information about the ADR process in general, please go to this link [link factsheet]. 

What should the agency do if it believes more evidence is necessary to complete the record?

The agency will have opportunities to inform the Administrative Judge of any evidence that is missing from the record.  The parties will be directed to inform the Administrative Judge of any evidence that needs to be addressed. 

Where should we send any concerns regarding the use of the portal and FedSEP?

Please refer all questions to fedsephearings@eeoc.gov.