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EEOC Public Portal Appellate Questions and Answers; Complainants/Representatives FAQ's re: the EEOC Public Portal

Question: Who can file an appeal through the EEOC Public Portal?

Answer:  Current or former U.S. Federal Government employees, job applicants, and (under certain circumstances) contractors who have filed EEO complaints with their respondent federal agencies. 

Only complainants can file appeals through the EEOC Public Portal; their representatives cannot. But after complainants have filed their appeals and identified their representatives in the EEOC Public Portal, verified representatives will be able to access their clients’ appeals, submit documents, and take actions on behalf of their clients.  

Question: What type of matters can be appealed to the EEOC‘s Office of Federal Operations using the EEOC Public Portal?

Answer:  You can use the EEOC Public Portal to appeal the following types of decisions: 

  • A final decision on an employment discrimination complaint, issued by a federal agency. Such decisions include: a dismissal of an employment discrimination complaint; a final order from a federal agency, stating whether it will fully implement the decision of an Administrative Judge; a final decision on the merits of an employment discrimination complaint; and an agency’s final determination on its alleged noncompliance with a settlement agreement. 
  • A decision on a grievance that contains claims of discrimination, issued by an arbitrator on the Federal Labor Relations Authority (FLRA). 
  • A decision on a complaint that includes claims of discrimination, issued by the U.S. Merit Systems Protection Board (MSPB). 

Question:  I filed an appeal in 2017 and it is still pending. Can I use the EEOC’s Public Portal?

Answer:  Yes. The EEOC’s Public Portal is available for all appeals filed after October 1, 2016. All of the submissions filed in the appeal will be available to complainant and the agency via their respective portals. Complainants must create an EEOC Public Portal account using the same email address used in their appeal.  If a complainant uses the EEOC Public Portal, neither complainant nor the agency will have to send copies of appellate submissions to the other party.

Question:  Can I use the EEOC Public Portal to request reconsideration of a prior EEOC Office of Field Operations (OFO) appellate decision?

Answer: Not yet. During this initial phase of the EEOC Public Portal, complainants cannot use the Portal to file a request for reconsideration of a prior OFO appellate decision.  This functionality will be included in a future EEOC Public Portal enhancement. Petitions for reconsideration should be submitted by mail, fax or in person to the following addresses:   

BY MAIL:
Equal Employment Opportunity Commission 
Office of Federal Operations 
P.O. Box 77960 
Washington, D.C. 20013 

BY FAX for appeal statement that is 10 pages or less:
Office of Federal Operations
(202) 663-7022. 

IN PERSON:
Equal Employment Opportunity Commission 
Office of Federal Operations 
131 M Street, N.E. 
Washington, D.C. 20507

Question: Can I use the EEOC Public Portal to upload documents about a federal agency’s compliance with an EEOC Office of Federal Operations’ decision that ordered the agency to take specific action?

Answer: Yes, so long as you use the same email address that you used in the compliance action.

Question: How will I know that the EEOC has received my appeal through the EEOC Public Portal?

Answer: You will receive an email, which serves as an initial acknowledgement letter. This acknowledgment letter will state that the EEOC received your appeal and will include a 10-digit appeal number. This letter is made part of the appellate record. You can view, download, and print the Acknowledgement Letter from the “My Cases” page for your appeal. 

The EEOC Public Portal will also send to the agency an Acknowledgment Letter for the appeal after your appeal submission is reviewed by EEOC staff and “perfected” (that means the EEOC confirms that it has jurisdiction over the appeal and identifies the type of appeal). When the EEOC Public Portal transmits the Acknowledgment Letter to the agency, it will also transmit the email to you as a second Acknowledgment Letter.  All Acknowledgment Letters will be available for the parties to view and download via their respective portals.

Question: If I file an appeal through the EEOC Public Portal, do I need to mail or email a copy of the appeal to the federal agency?

Answer: No, you do not need to mail or email a copy of the appeal to the agency. The agency that you selected in the EEOC Public Portal will receive acknowledgment of your appeal and will be able to access any documentation you submit. Taken together, this information is deemed sufficient to constitute service to the agency.

Question: Will the EEOC still mail documents to me if I use the EEOC Public Portal?

Answer: No. The EEOC will no longer send paper documents to the parties, except to  complainants who fail to provide an email address and do not use the Public Portal.

Question: If I upload a statement or other documents via the EEOC Public Portal, do I need to mail or email the documents to the respondent federal agency?

Answer: No. Appeal-related documents that you upload to the EEOC Public Portal are immediately available to the agency in another online system that agencies use called FedSEP. The EEOC considers this to be “service,” and “starts the clock” for the agency to respond.

Question: What information can I see about my appeal in my case account on the EEOC Public Portal?

Answer: If you filed an appeal with the EEOC through the Public Portal, you can view the details of your appeal and all related documents (except for internal EEOC deliberative and administrative documentation). Just click on the My Cases link on the EEOC Public Portal Home Page, and select the desired appeal. Once an appeal is selected from the My Cases page, you can also add legal representatives, update contact information, and submit documents to the EEOC.

Question: How will I know when new documentation has been added to the appellate record?

Answer: You will receive an email from the EEOC Public Portal notifying you and your representative (if you have one who also has registered in the Portal) whenever agencies or the EEOC upload documents. The email will list the type of document, when it was uploaded, and instruct you to login to the Public Portal to access and view the document.

Question: Can I see documents submitted by the federal agency in my appeal filed through the EEOC Public Portal and can the agency see documents that I upload into my case file on the Public Portal?

Answer: Yes, you will be able to see documents submitted by the agency to your appeal, such as  the administrative complaint file, report of investigation, and any hearing-related documentation. You can view, download, and print documents. As of [insert date of release?], agencies will be required to submit all documents for them to be accessible to complainants the EEOC Public Portal and agencies will not have to separately serve complainants who use the EEOC Public Portal with a copy of their submissions.

Question: How can I check the status of my appeal?

Answer: If you filed your appeal on or after October 1, 2016, you can check the status of your appeal by registering and creating an account in the EEOC Public Portal. It’s important that you use the same email address when creating an account that you used when you filed your appeal so that we can match the credentials for your case. After you create your account, click on My Cases and select the desired docket number to view information, status, and associated documents. 

Question: What kind of information does the Portal provide about the status of my appeal?

Answer: The case Status column will display the following information about the status of appeals:

  • “Appeals Received” indicates the appeal has been received by EEOC;
  • “Complaint File Received” indicates EEOC has received the complaint file from the agency;
  • “Complaint File Not Received” indicates EEOC has not received the complaint file from the agency;
  • “Appeal Being Processed” indicates EEOC is working on the appeal; and
  • “Appeal Closed/Issued” indicates EEOC has issued a decision and closed the appeal.

Question: If I have more than one case pending with the EEOC, can I view, upload and download information about those cases?

Answer: Yes. If you click on My Cases in the EEOC Public Portal, the My Case Listing will display a list of all the hearings and appeals that you have filed with the EEOC (so long as the hearings and appeals records include the same email address you used to register in the EEOC Public Portal.

Question: How do I view the documents in my appeal?

Answer: To view documents in your appeal,

  1. Go to the EEOC Public Portal
  2. Click on My Cases
  3. Enter your login information (email and password)
  4. Click on the link for the appeal
  5. Click on My Documents
  6. Click on the document you want to view.

You will see all of the documents associated with your appeal, including those that you or the agency uploaded, and those that the EEOC hashardcto the parties. 

Question: How do I update my contact information?

Answer: It’s very important that you keep your contact information (e.g., email, address, and phone number) up to date in your account on the EEOC Public Portal.  To update your contact info:

  1. Go to the EEOC Public Portal
  2. Click on My Cases
  3. Enter your login information (email and password)
  4. Click on the Update My Information button. 
  5. After you input any changes, click on the Save button to save your changes.

Question: How do I upload documents on my case in the EEOC Public portal?

Answer: To upload documents to your case file in the EEOC Public Portal:

  1. Go to the EEOC Public Portal
  2. Click on My Cases
  3. Enter your login information (email and password)
  4. Click on the Upload button
  5. Click on the empty box next to Type of Document and select a document type from the drop-down list
  6. Click on the Attach Document button.
  7. This should open a window of your files. Click on the file you want to upload. The name of the file will appear next to “Select file to upload*”.
  8. Click Upload. You will see the document you uploaded in the list of documents under the Upload bar.

Question: What format should I put documents in when uploading them to my case on the EEOC Public Portal?

Answer: We request that all documents be formatted in Adobe Acrobat image-over-text (searchable) PDF.

We also prefer that you combine documents of the same type into as few files as possible. Please do not submit each individual page as a separate document.

Question: What kind of digital files can be uploaded?

Answer: While the EEOC prefers PDF file submission, all digital file types are permitted.

Question: Is there a size limit on digital submissions?

Answer: The EEOC has not restricted the size limit for submissions, but you may be subject to limitations by the internet connection of the computer used to upload the documentation.

Question: Can I password-protect a file I upload to the EEOC Public Portal?

Answer: No. Under no circumstances should you upload password-protected files to the EEOC Public Portal.

Question: How can I convert a paper document into a digital one?

Answer: Most smart phones have a scanning app that you can use to scan a document and then upload to your account in the EEOC Public Portal. Many printers also can scan documents. Or you can use a stand-alone scanner.  

Question: Can I remove a document I uploaded into my case file on the EEOC Public Portal?

Answer: No. Once a complainant uploads a document through the EEOC Public Portal, the document cannot be deleted.

Question: Can I upload a document via the EEOC Public Portal after the time limit for doing so?

Answer: Yes, but it will be up to the discretion of the attorney assigned to the appeal whether to read, address, or give credence to documentation submitted beyond the regulatory briefing period.

Question: Can my representative access my appeal in the EEOC Public Portal?

Answer: Yes.  In the EEOC Public Portal, you can add a legal or non-legal representative.  You will be asked to include your representative’s email address, and the EEOC Public Portal will send an email to this address asking the named individual to confirm their representation. 

                   EEOC expects a reply from the representative within 10 days of sending a verification email. If EEOC does not receive a reply after 10 days, then EEOC will email you that we have been unable to verify the representative.

A representative will obtain his/her own EEOC Public Portal credentials. The representative must select the button next to “I represent a charging party or complainant.”  After signing up for the EEOC Public Portal, the representative can log in, go to the My Case page, and select the link for the appeal they wish to access.  They can then download documents from the appellate record and submit documentation for the matter.

Question: Can I withdraw my appeal using the EEOC Public Portal?

Answer: Yes.  To withdraw your appeal, simply upload a signed statement requesting withdrawal of your appeal. 

Question: Can I access the EEOC Public Portal on my mobile phone or tablet?

Answer: Yes, EEOC has designed the EEOC Public Portal to be mobile-ready.

Question: I have an attorney; can he or she file an appeal on my behalf?

Answer: No.  You must initiate the appeal process in the EEOC Public Portal, with your email and contact information.  You can add a representative at any time by clicking on Add Representative and entering her contact information.  The system will send the representative an email requesting confirmation of representation and then enable the representative to create her own account in the EEOC Public Portal. The representative will only be able to view and submit documentation for complainant’s who have identified her as their representative (for example, you and other complainants who have named the attorney as his/her representative).

Question: I had an attorney represent me at the hearing, and we were registered on the portal.  Do we have to register representation again on appeal?  What do we have to do to continue the representation on appeal?

Answer: The EEOC Public Portal does not automatically carryover representative information from hearing to appeal, as EEOC prefers to err on the side of caution when it comes to sharing private information with others.  Accordingly, you will have to click on the Add Representative  button and enter the attorney information’s to the record for the appeal, even if it is the same attorney at hearing.

Question: What can my attorney do for me at the appeal stage?

Answer: While the agency’s decision on your EEO complaint is on appeal, your attorney can review your case file and related documents in the portal,  submit a statement or brief in support of your appeal, continue to engage with the agency in settlement negotiations, and otherwise act on your behalf.

Question: What if I need technical help creating an account or uploading documents?  For instance, what if I made a mistake in providing my information or have difficulty in uploading documents to the portal?  What if I don’t see the documents that I thought I uploaded? 

Answer: For website technical support(only), you can contact digitalsupport@eeoc.gov or 1-800-569-7118.

First, you may want to consult the User’s Guides provided on the portal.

Getting Started

Question: Where can I find out more information about how to use the EEOC Public Portal?

Answer: The EEOC Public Portal User’s Guide provides comprehensive guidance for using the EEOC Public Portal’s features and functions. The User’s Guide is published as individual documents, each of which covers a particular feature or related features of the EEOC Public Portal.

The following EEOC Public Portal User’s Guide documents are available:

Who can access my case information in the Portal?

Only EEOC authorized users can see case information in the Portal. Your representative and authorized agency representatives can see documents you and the EEOC have also submitted in your case. 

Is the EEOC Public Portal monitored all the time?

Yes. Our firewalls use an advanced intrusion detection system (IDS) that defends against today's blended security threats 24 hours a day, 7 days a week and 365 days a year.  In addition, there are many layers of security monitoring from both inside and outside the network to ensure the immediate detection and rejection of unauthorized use.

Is the Personally Identifiable Information (PII) in my case file safe in the Portal?

  • Yes. The Public Portal and underlying network use guidance from NIST Publication 800-122 Guide to Protecting the Confidentiality of Personally Identifiable Information (PII) to ensure that PII is only accessed by authorized users with the need to see it.