Appeals Process

More information can be found at https://www.eeoc.gov/federal/new/employees/appeals.cfm

• An appeal is filed with the Office of Federal Operations (OFO).

  How do I file my appeal?

  You have the right to appeal an agency's final order (including a final order dismissing your complaint) to EEOC's Office of Federal Operations. You must file your appeal no later than 30 days after you receive the final order.  To file your appeal, you should use EEOC Form 573, Notice of Appeal/Petition.

  https://www.eeoc.gov/federal/new/employees/appeals.cfm

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• The investigative record, the hearing record if one was held, and the Agency's decision are reviewed and the Commission issues a decision on the appeal.

  How does the EEOC make its decision?

  EEOC lawyers review the entire file, including the agency's investigation, the decision of the Administrative Judge, the transcript of what was said at the hearing (if there was a hearing), and any timely statements submitted by the parties to the appeal. If there was a hearing, the facts decided by the Administrative Judge are taken as correct, unless the record clearly shows that the Administrative Judge made a mistake. As a general rule, EEOC will not consider new evidence on appeal unless you can show that the evidence was not reasonably available when the agency's decision was made.

  https://www.eeoc.gov/federal/new/employees/appeals.cfm

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  • The Commission reverses the Agency's procedural dismissal or remands a merits determination back to the Agency for a supplemental investigation.

    • The case may be sent back to the Agency for further investigation.   This would move the case back into the Formal Complaint / Investigation Process.

  • The Commission reverses the Agency's decision on the merits and finds discrimination.

    • The Commission will monitor the Agency's compliance with the relief ordered by the Commission.
      
      The formal appeals process is complete.
      
      Within 30 days of the decision being issued, a request for reconsideration can be filed with the EEOC. The final Commission decision may also be appealed to the federal court system within 90 days.

      What if I disagree with the appellate decision?

      If you do not agree with the EEOC's decision on your appeal, you can ask for a reconsideration of that decision within 30 days after you receive the decision on appeal. A request for reconsideration is only granted if you can show that the decision is based on a mistake about the facts of the case or the law applied to the facts. The agency also has the right to request reconsideration.

      https://www.eeoc.gov/federal/fed_employees/reconsideration.cfm

      What happens after the EEOC makes a decision about my request for reconsideration?

      Once the Commission has made a decision on your request for reconsideration, the decision is final. If the Commission decides to send a complaint back to the agency for further action, you still will have the right to appeal and the right to ask for a review of any new agency order or Administrative Judge decision.

      https://www.eeoc.gov/federal/fed_employees/reconsideration.cfm

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      What if I want to file a civil action?

      You may file a suit if federal court within 90 days from the day you receive the EEOC's decision on your appeal. Additional information regarding filing a lawsuit in federal court can be found at https://www.eeoc.gov/federal/fed_employees/lawsuit.cfm.

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      Does the Commission ensure that the agency complies with its final decisions?

      Compliance with the Commission's Orders in final federal decisions is mandatory.  The agency must submit a compliance report containing supporting documentation for all ordered corrective action, and provide you with copies of all information submitted to the Commission in support of its compliance.

      https://www.eeoc.gov/federal/directives/md-110_chapter_9.cfm

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  • The Commission affirms the Agency's or AJ's decision

    • The formal appeals process is complete.
      
      Within 30 days of the decision being issued, a request for reconsideration can be filed with the EEOC. The final Commission decision may also be appealed to the federal court system within 90 days.

      What if I disagree with the appellate decision?

      If you do not agree with the EEOC's decision on your appeal, you can ask for a reconsideration of that decision within 30 days after you receive the decision on appeal. A request for reconsideration is only granted if you can show that the decision is based on a mistake about the facts of the case or the law applied to the facts. The agency also has the right to request reconsideration.

      https://www.eeoc.gov/federal/fed_employees/reconsideration.cfm

      What happens after the EEOC makes a decision about my request for reconsideration?

      Once the Commission has made a decision on your request for reconsideration, the decision is final. If the Commission decides to send a complaint back to the agency for further action, you still will have the right to appeal and the right to ask for a review of any new agency order or Administrative Judge decision.

      https://www.eeoc.gov/federal/fed_employees/reconsideration.cfm

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      What if I want to file a civil action?

      You may file a suit if federal court within 90 days from the day you receive the EEOC's decision on your appeal. Additional information regarding filing a lawsuit in federal court can be found at https://www.eeoc.gov/federal/fed_employees/lawsuit.cfm.

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