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Frequently Asked Questions about the Federal Sector Hearing Process

Introduction

In response to feedback received from complainants and their representatives, about not having ready access to easily understandable and practical information about the federal sector hearing process, we have compiled a list of questions which complainants and their representatives frequently ask our administrative judges, and have provided answers. We hope the information contained in the enclosed Frequently Asked Questions (FAQs) will help familiarize your representative and you with the various practices and procedures that govern processing of your case once we receive your request for a hearing. FAQs are available in both printed and digital formats, and from time-to-time, these FAQs will be updated. Being as knowledgeable as possible about the hearing process will help your representative and you prepare for hearings, thereby ensuring your case is decided fairly, efficiently and expeditiously.

These frequently asked questions (FAQs) primarily are intended for complainants and their representatives seeking information about the EEOC federal sector hearing process, and are not (and are not intended to be) legal advice or a substitute for legal counsel. EEOC does not provide parties legal advice or assistance. If you need legal assistance or advice, you should consult an attorney or other knowledgeable individual.

These FAQs were prepared by Administrative Judge Robert Powell in EEOC's San Antonio District Office.

NOTE: If any FAQ conflicts with an EEOC regulation, ruling or administrative judge's order, parties will comply with the regulation, ruling or order.

General

Before The Hearing

The Hearing

After The Hearing

General

What is the EEOC?

The U. S. Equal Employment Opportunity Commission (EEOC) is an agency in the Executive Branch of the United States Government. EEOC was established and became operational on July 2, 1965. EEOC's primary missions in relation to federal employees are promotion of equality of opportunity in the federal workplace and enforcement of federal laws prohibiting employment discrimination against federal employees, including the following:

  1. Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et. seq.) prohibiting discrimination on the basis of race, color, religion, sex, national origin and retaliation for protected EEO activity;
  2. Age Discrimination in Employment Act (ADEA), as amended (29 U.S.C. § 633a) protecting workers age 40 and older from discrimination in hiring, discharge, pay, promotions, fringe benefits and other aspects of employment;
  3. Equal Pay Act (EPA), 29 U.S.C. § 206(d), prohibiting gender-based discrimination in the payment of wages to men and women performing substantially equal work in the same establishment;
  4. Americans With Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. and Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq., prohibiting discrimination against individuals with disabilities.
  5. Civil Rights Act of 1991, Pub. L. 102-166, 105 Stat 1071, as amended, creating certain remedies for prevailing parties and prohibiting certain discriminatory practices.
  6. Genetic Information Nondiscrimination Act, (42 U.S.C. § 2000ff), prohibiting discrimination on the basis of genetic information.

The primary EEOC regulations governing federal sector proceedings are 29 C.F.R. Part 1614 and EEO MD-110.

What is an administrative judge?

An administrative judge (AJ) is an EEOC employee who independently decides discrimination complaints of federal employees. All EEOC AJs are highly skilled and knowledgeable attorneys, with respect to the federal sector hearing process and the relevant law. When the EEOC office responsible for your geographic area receives your request for a hearing, an AJ will be assigned to oversee all aspects of your case. The AJ will issue a variety of orders designed to ensure fair and expeditious processing of your case, will analyze the applicable law and the evidence and issue a decision.

What is a hearing?

An administrative hearing pursuant to 29 C.F.R. §1614.109 is similar to a trial before a judge at the courthouse. As the presiding official, the AJ acts as both the judge and jury. Proceedings, for the most part, are informal. Parties generally are permitted to make opening and closing statements, offer into evidence witness testimony and documents, examine and cross-examine witnesses and raise objections and obtain rulings on objections from the AJ.

Do I need an attorney or may I represent myself?

You are not required to retain an attorney or have another person represent you. You may represent yourself (pro se). If you choose to represent yourself (proceed pro se,) you are expected to be familiar with the EEOC's rules of practice and procedure and be prepared at the hearing. At the hearing, you are required to proceed first with presentation of evidence that supports your allegations of discrimination. At all times you carry the ultimate burden of proving your case with relevant and material evidence. Given the importance of the hearing, it may be advantageous for you to retain an attorney or designate a knowledgeable co-worker, union official or other individual to represent you in the case. If you designate someone to represent you, you are expected to act through your representative. You are ineligible to receive reasonable attorneys' fees as part of any award in the case unless you are represented by an attorney.

Can I resolve my complaint without a hearing?

Yes. Settlement of your case without the necessity for a hearing or issuance of a decision by the AJ is highly encouraged. Settlement discussions are permissible at any stage of proceedings. During settlement discussions, you and the agency representative are expected to discuss and consider specific ideas, methods and means of resolving the dispute. It is important you understand that both parties may be required to compromise for there to be any real prospect for a settlement. Discussions that merely restate and reinforce each party's position are unlikely to resolve the complaint and, therefore, are discouraged. Alternative methods or means of dispute resolution ("ADR") afford you and the agency opportunities to craft creative settlement solutions. Ideally, you should undertake ADR after discovery is completed and well in advance of the scheduled hearing. In addition to contacting the agency representative during the first 30-days after receipt of the Acknowledgment and Order, if no settlement is reached, the AJ may direct you and the agency representative to again contact each other before the hearing to jointly assess prospects for settlement. Neither party, however, is obligated to settle. If the parties are unable to settle the dispute, the AJ will decide the case.

If you and the agency are able to reach a settlement, you are required to execute a written settlement agreement (or memorandum of agreement) and promptly deliver a copy to the AJ. The AJ also can allow the parties to go on the record and state the settlement terms. Any previously scheduled pre-hearing conference or hearing will not be cancelled until the settlement is finalized. Additionally, if a hearing is scheduled, the parties may not release witnesses or the court reporter unless the AJ expressly authorizes you to do so.

What if I need an interpreter?

If you or any witness you wish to have testify at the hearing require the services of a foreign language or sign language interpreter, you should promptly notify the AJ. If appropriate, the AJ will order the agency to provide one.

Before The Hearing

How will I know when EEOC has my case?

Generally, EEOC will assign an AJ to your case as soon as your hearing request is received. To avoid unnecessary delay, make sure you file your request with the EEOC office responsible for your geographic area. Consult your EEO manager or counselor. You will know EEOC has your case when you receive the Acknowledgment and Order from the clerk or AJ assigned to your case.

What are an Acknowledgment and Order or Supplemental Acknowledgment and Order?

The Acknowledgment and Order is a standardized form used by EEOC that, among other things, acknowledges EEOC received your request for hearing, identifies the AJ to whom your case has been assigned, establishes deadlines by which you and the agency must complete certain tasks (e.g., initiate and complete discovery) and highlights various practices and procedures that will govern processing of your case.

The Supplemental Acknowledgement and Order (and similarly named orders) is comparable to "local rules" used by the courts. This order identifies the particular practices and procedures which, in addition to those specified in the Acknowledgment and Order, are used by the AJ assigned to your case. Keep in mind practices and procedures differ somewhat among EEOC offices and among AJ's within offices.

You and your representative should read these orders as soon as you receive them and promptly comply with each and every provision. Any non-compliance by you or your representative may result in the AJ's imposition of sanctions or issuance of orders or rulings detrimental to your case. These Acknowledgement and Orders are subject to change. Consequently, you should read the orders issued in your case. Do not rely on your or your representative's knowledge of the contents of orders issued in other cases.

What is summary judgment?

Commission regulations allow an AJ to render a decision without a hearing. This procedure is commonly referred to as summary judgment. See 29 C.F.R. §1614.109(g). The regulations are patterned after the summary judgment procedure set forth in Rule 56 of the Federal Rules of Civil Procedure. Summary judgment is appropriate where the AJ determines, given the legal and evidentiary standards that apply to the case, no genuine issue of material fact exists. Summary judgment is not a disfavored procedural shortcut. Rather, it is an integral part of the EEO hearing process and is designed to secure for the parties, a just, speedy and inexpensive determination of the complaint. Summary judgment proceedings may be initiated by the AJ or by one or both parties.

Unlike a hearing, in summary judgment proceedings the AJ does not decide who is telling the truth (make credibility determinations) or weigh the evidence. Rather, the AJ's function is to determine whether, given the facts which are presented and the law that controls, the non-moving party (usually the complainant) can prevail. In summary judgment proceedings, the evidence of the non-moving party is believed and all justifiable inferences are drawn in the non-moving party's favor.

An issue of fact is "genuine" if the evidence allows the AJ to find in favor of the non-moving party. A fact is "material" if it has potential to affect the outcome of the case. If a case can only be resolved by weighing conflicting evidence, summary judgment is not appropriate. Additionally, the AJ properly can consider summary judgment only after the record has been adequately developed.

To successfully defend against the agency's motion for a decision without a hearing (summary judgment), you or your representative must identify for the AJ each and every material fact you dispute. You will need to point out to the AJ where disputed facts exist in the documents in the agency's report of investigation, additional documents obtained during discovery or witness affidavits. Only witness affidavits that have been sworn to before a notary public or non-sworn declarations are acceptable summary judgment evidence. Remember, identifying disputed facts is more important than citing or arguing the law or facts that are not in dispute. Failure to respond to the agency's summary judgment motion will not result in the automatic grant of the agency's motion. But, if you do not respond your chances of defeating the agency's motion are greatly diminished.

What is a pre-hearing conference?

A pre-hearing conference is a conference held before the evidentiary hearing (usually telephonically), between the AJ and the parties or their representatives. At the initial pre-hearing conference, be prepared to discuss the following matters: (1) identification and refinement of the issues to be decided, (2) possibility of obtaining stipulations (agreements between the parties regarding an aspect(s) of the claim), (3) disposition of pending motions, (4) assessment of your case's settlement potential, (5) approval/disapproval of prospective witnesses, (6) scheduling the case for an evidentiary hearing and (7) any other matter likely to facilitate final disposition of the case.

At any point in the pre-hearing phase, the AJ may conduct pre-hearing conferences or either or both parties may request pre-hearing conferences to discuss any matter concerning the case.

Usually, the agency representative is responsible for placing all pre-hearing conference calls. Your representative and you are responsible for ensuring the agency representative is provided your current telephone numbers. Unless the AJ directs otherwise, if you have a representative, so long as your representative attends, you do not have to be present for pre-hearing conferences.

What is an evidentiary hearing?

In a summary judgment proceeding, the AJ decides the case solely on the basis of evidence contained in the written record (including evidence developed during discovery) and based on the applicable law. An evidentiary hearing, on the other hand, is a trial-like proceeding where parties are permitted to offer into evidence documents and live witness testimony. Generally, in an evidentiary hearing parties are permitted to make opening and closing statements, examine and cross-examine witnesses and raise objections and obtain rulings on objections from the AJ. A proceeding is an "evidentiary hearing" only if witnesses testify under oath or affirmation and a verbatim record of the proceeding is made.

What can happen if I fail to comply with the AJ's orders?

Failure of either party to comply with the AJ's orders can have serious consequences. If you or your representative violate the AJ's orders, the AJ is likely to issue a Show Cause Order directing you to explain yourself and state good reasons why you or your representative should not be sanctioned. Possible sanctions include dismissing your request for a hearing and return of the complaint to the agency for issuance of a final decision, excluding favorable documents or witness testimony or drawing an adverse inference about certain evidence or witnesses. In certain situations, the AJ may dismiss your complaint outright. Remember, the AJ's orders are intended to facilitate orderly and expeditious processing of your case. Your and your representative's compliance with the AJ's orders will help ensure that you receive a fair, well-ordered and timely hearing. The AJ requests and expects your and your representative's full cooperation in helping to achieve this objective.

What should I do if the agency will not approve official time for hearing preparations?

If you and your representative are employees of the agency where the complaint arose and was filed, and if you otherwise are on duty, you both are entitled to a reasonable amount of official time during both the informal counseling and later phases of the complaint process to present your complaint and respond to the agency's requests for information. What is "reasonable" depends on the particular circumstances of your complaint. If the agency denies your request for official time, the agency must document the denial. You may request that the AJ review the agency's action and issue whatever orders are appropriate. See Chapter 6, Section VIII(C) of the Equal Employment Commission's Management Directive 110 (EEO MD-110).

What should I do if I cannot attend the hearing on the date it is scheduled?

If you are unable to attend the scheduled hearing, then as soon as practical, you should request the AJ to reschedule your case. If the request for a delay is for medical reasons, you must provide the AJ suitable medical documentation. Your hearing will be rescheduled only if you can show sufficient good reasons for the continuance. Keep in mind the AJ only has 180 days in which to decide your complaint and yours is not the only case assigned to the AJ. The AJ, therefore, only has a limited number of hearing dates. It may not be possible for the AJ to re-schedule your hearing without incurring unacceptable additional delay. Rescheduling your hearing is not guaranteed.

If I send in a motion for a continuance and have not heard anything, must I still attend the hearing?

Yes. Do not assume because you requested a continuance your request will be granted. Unless you receive a written order or the AJ otherwise notifies you or your representative that the hearing is rescheduled, assume your motion has been denied, finalize your hearing preparations and appear at the hearing.

Do I have the right to ask the agency for information about my case?

Yes. You may engage in what is referred to as "discovery" (obtaining information about the case from the opposing party prior to the hearing). Discovery may be "informal" or "formal." Informal discovery usually involves parties voluntarily exchanging documents and other information, interviewing (instead of deposing) potential witnesses, and other voluntary measures. Formal discovery is a highly structured process involving written questions (interrogatories), written requests for production of documents and oral depositions of parties or witnesses. Formal discovery is a complicated, time-consuming and oftentimes costly undertaking. For example, whichever party initiates action to depose a witness is responsible for the court reporter's costs. These costs oftentimes are hundreds of dollars. Not every case requires discovery. Procedures and time frames for conducting discovery are set out in the Acknowledgment and Order. In some EEOC offices, you must notify the AJ of your intent to begin discovery and of the substance of the discovery required. The AJ may determine the appropriate scope of discovery. See Chapter 7, Section IV of EEO MD-110.

How do I make sure that a witness I need for my case appears at the hearing?

Before a witness is permitted to testify at the hearing you must seek approval from the AJ. Your request must be in writing. Always provide the agency a copy. Your request must include names, positions or job titles, and locations of the witnesses, and you should list your own name as a witness, showing that you intend to testify. You also should number each witness on your list. Include a brief description of what you expect the witnesses to say. The AJ will only approve witnesses whose testimonies are relevant and material to the issues being decided and are not repetitive of other witness testimonies. Focus on having witnesses testify who personally know important facts about your case (as opposed to witnesses whose testimonies simply repeat what they have been told about your case, or want to talk about their own workplace grievances or discrimination complaints). The AJ may disapprove some or all of your witnesses if you submit your witness list after the established deadline and are unable to satisfactorily explain your tardiness.

If witnesses approved by the AJ are current employees of the United States Government, the agency arranges for the witnesses to appear at the hearing and is responsible for any related costs. The AJ cannot compel witnesses to attend the hearing who are not currently employed by the Federal Government (e.g., former federal employees who have resigned or retired). You are responsible for getting non-federal employee witnesses to voluntarily appear and testify for you. Any costs related to voluntary appearance of these witnesses are your responsibility. The agency must notify you or your representative as soon as practical if, for whatever reason, an approved witness the agency was ordered to make available subsequently becomes unavailable to testify at the scheduled hearing.

How should I prepare for the hearing?

Be as prepared as possible. Make sure you know the facts supporting your discrimination allegations. Remember, the AJ only has authority to decide employment discrimination claims. Complaints that are strictly workplace grievances, union-management disputes, workers compensation appeals, etc., properly should be pursued in other forums. Also make sure you are familiar with the "elements of proof" needed to establish a prima facie case of discrimination. There are different elements of proof for the various types of discrimination. Consult the section of the EEOC web site (www.eeoc.gov) entitled, "Discrimination By Type: Facts and Guidance".

Before the scheduled hearing you should mark for identification with sequential numbering all documents you intend to offer into evidence (e.g., Complainant's Exhibit 1). Provide the AJ, the agency representative and yourself copies of your proposed exhibits. If you have more than 10 documents you should prepare an index of your exhibits.

An evidentiary hearing consists of two parts - a liability or "merits" component and a remedies or "damages" component. Unless the AJ separates (bifurcates) the hearing into two distinct parts, come to the hearing prepared to present evidence supporting your claim for compensatory damages immediately following your presentation of liability evidence. Bring with you to the hearing all medical records, receipts, cancelled checks and other documents you intend to use to prove your compensatory damages claim. Remember, if the AJ does not bifurcate the hearing, once you "rest" your case, the AJ may not permit you to later present additional evidence.

May I contact the AJ to discuss my case?

Generally, ex parte (one party) communication with the AJ is prohibited. If you wish to discuss a matter with the AJ concerning the merits of your case, first contact the agency representative to determine whether the agency wants to participate or respond. If you do not, the AJ will likely instruct you to contact the agency representative and arrange a telephone conference. You also must provide the agency representative a copy of every document you send the AJ. E-mail communication with the AJ may be restricted or prohibited. Consult the AJ before e-mailing anything.

You may communicate with the AJ without first notifying the agency that you wish to discuss purely "procedural" matters. For example, you may contact the AJ to ask for clarification of an order, rule or regulation, confirm a pending deadline or setting, or discuss the logistics of the hearing. If you are uncertain whether it is proper to contact the AJ ex parte, you should first contact the agency representative or the AJ's administrative assistant.

Where will my hearing be held?

Generally, the AJ holds the evidentiary hearing at the Agency's facility where the complaint arose. The AJ, however, may conduct the hearing at other locations after considering factors such as locations of the parties, numbers and locations of witnesses, and the AJ's and other hearing participants' travel requirements. Most hearings are conducted in a "conference room" setting.

What is ADR?

Alternate dispute resolution (ADR) (Note: this will link to the new ADR screen) is a non-adversarial process or method for resolving disputes. The most popular and commonly used ADR technique is mediation (This will link to the Mediation screen). While ADR is generally voluntary, EEOC requires that agencies offer ADR to complainants during the informal counseling and formal investigation phases of the complaint process. As a general rule, the AJ will not order the parties to participate in ADR if either or both object. So as not to unreasonably delay the hearing, if the parties agree to mediate the dispute, the AJ may issue appropriate orders to ensure the mediation is performed expeditiously.

The Hearing

How is the hearing conducted?

Hearing participants generally consist of the AJ, the complainant, the parties' hearing representatives, a management official representing the agency, approved witnesses and the court reporter. Hearings are not open to the public. Spectators, therefore, are not allowed. Except for you, other witnesses are allowed in the hearing room only when actually testifying. Occasionally, other AJs, agency attorneys, EEO officials, union officials, etc. are allowed to observe hearings for training purposes. The length of hearings varies depending on the complexity of the issues, numbers of witnesses, etc. Generally, hearings are conducted during regular business hours. Occasionally, however, especially if the hearing is scheduled for a single day, the hearing may continue until it is completed.

The basic components of an evidentiary hearing are the following:

  1. Pre-hearing Conference The AJ may conduct a pre-hearing conference (on or off the record) immediately before the start of the evidentiary hearing to rule on any outstanding motions or issues, discuss settlement possibilities, obtain stipulations, clarify the issues to be decided and discuss the logistics of the hearing.
  2. AJ's Introductory Statement The AJ may give an introductory statement on the record highlighting the hearing procedures to be followed for the hearing.
  3. Parties' Opening Statements The AJ most likely will permit the agency and you to give opening statements explaining what each intends to prove at the hearing. Keep in mind an opening statement is not evidence. Generally, you or your representative will make your statement first, followed by the agency representative. Either or both parties may forego opening statements. AJs generally welcome well-crafted opening statements alerting them to witness testimony, documents or other evidence that will be introduced during the hearing with an explanation of their relevance to the issues being decided.
  4. Presentation of Evidence The burden of proof is on you to show the agency is liable for discriminating against you and that you are entitled to certain relief. You will proceed first with presentation of evidence. Evidence may take the form of documents, live witness testimony, photographs, objects, etc.
  5. Witnesses Only witnesses approved by the AJ are permitted to testify. The AJ will administer oaths to the witnesses directing them under penalty of perjury to testify truthfully. Whoever calls a witness examines the witness first. The opposing party may then cross-examine the witness. The AJ also may question any witness. Parties usually are given at least one opportunity to ask follow-up questions of each witness before the witness is dismissed. You should question each witness thoroughly. Do not count on the AJ to permit you to recall a witness who has been dismissed for "rebuttal" or "impeachment."
  6. Exhibits Before the hearing you should mark for identification with sequential numbering any additional documents you intend to offer into evidence (g., Complainant's Exhibit No. 1). Provide the AJ and the agency representative, and retain for yourself copies of your proposed exhibits. If you intend to offer more than 10 exhibits, also prepare an index briefly describing each document. Documents that make up the agency investigative file are automatically admitted into evidence. You do not need to offer them into evidence again at the hearing.
  7. Objections The agency or you may object to any question asked a witness or any document offered into evidence. Remember that strict rules of evidence do not apply. For example, some hearsay evidence is permitted. If you or your representative wishes to object, do not argue with the agency representative. Clearly identify the basis for your objection and await the AJ's ruling. An example of a trial objection is, "I object to the agency's attempt to introduce into evidence a witness affidavit that is not notarized or verified pursuant to 28 U.S.C. §1746." The AJ will either sustain your objection (in which case the document will be excluded) or overrule your objection (in which case the document will be admitted).
  8. Closing Statements Unless the AJ tells you differently, parties may give closing statements summarizing the evidence and points of law they want the AJ to consider in deciding the case. Keep in mind that closing statements are not evidence. The AJ will decide whether the statement will be written or oral. If written, statements will include any post-hearing briefing ordered by the AJ. If oral, statements generally are made immediately after both parties rest their cases, or at such later time and date as the AJ may order. If given at the close of the hearing, the AJ will give you or your representative a sufficient period of time to organize your thoughts.

What is "burden of proof"?

The burden is on you to prove through relevant and material evidence that the agency discriminated against you and are entitled to certain relief. In analyzing the evidence, the AJ will apply a "preponderance of the evidence" standard, not the "beyond a reasonable doubt" standard applicable in criminal proceedings. The term "preponderance of the evidence" refers to the deliberative process the AJ uses to determine which evidence in the case produces the stronger impression, has the greater weight and is the more convincing. This is also known as the burden of persuasion.

Who has the burden of proof - the complainant or the agency?

You carry the burden at all times of proving your allegations of discrimination and entitlement to relief.

What happens if I do not attend the hearing or do not participate in the proceedings?

You have the right to withdraw your request for a hearing at any time. If you do, your hearing request will be dismissed and the complaint retuned to the agency for issuance of a final decision in the time and manner specified in 29 C.F.R. §1614.110. If you wish to withdraw, simply provide the AJ a written statement to this effect and furnish the agency representative a copy. The AJ will promptly issue a dismissal order and cancel any scheduled pre-hearing conference, evidentiary hearing or other proceeding.

If you fail to attend the scheduled hearing or participate fully in proceedings after appearing, the AJ may direct you to explain your actions and state the reasons you should not be sanctioned for failure to prosecute your complaint. If warranted, the AJ may dismiss your hearing request and return the complaint to the agency for issuance of a final decision.

May I offer additional documents at the hearing as evidence?

Yes. Keep in mind, however, that the documents making up the agency report of investigation automatically are part of the hearing record. You do not have to again offer these documents into evidence at the hearing.

What should I wear to the hearing?

There is no dress code for EEOC hearings. Most hearing participants wear regular office dress.

How should I address the AJ?

You should address the AJ deciding your case as "Judge".

How will the witness testimony be recorded?

A qualified court reporter will prepare a verbatim transcript of the hearing proceedings, including all witness testimony. The agency is responsible for obtaining and paying for the court reporter.

How do I get a copy of the hearing testimony?

You will be provided one copy of the verbatim hearing transcript free of charge.

Will the AJ give me a decision at the hearing?

After closing the hearing record the AJ will render a decision in your case. The AJ may choose to issue an oral decision or s/he may issue a written decision at a later date. If the AJ chooses an oral decision, the AJ may issue the decision immediately following closing of the hearing, or the AJ may schedule a later telephone conference with the parties and the court reporter.

Do I have to pay for my hearing?

No. You do not have to pay a filing fee or other charges in connection with the hearing. You and the agency, however, are responsible for any costs you incur during the course of discovery or in preparing for the hearing. If the AJ decides the case in your favor (finding that you were discriminated against by the agency and are entitled to relief), the AJ may order the agency to reimburse some or all of your discovery and hearing preparation costs and, if you are represented by an attorney, reasonable attorney's fees.

After The Hearing

After the hearing, may I provide the AJ additional information about my case?

Generally, after the parties rest their cases (or after the parties give closing statements) the AJ closes the hearing record. Thereafter, neither party may provide the AJ additional evidence or information concerning the case. Occasionally, after the hearing, the AJ asks the parties to brief a particular issue or the AJ may hold the hearing record open to permit either or both parties to file additional evidence. This is purely discretionary with the AJ. It is best to submit all of your evidence to the AJ at the hearing, before you announce you have "rested."

Will I receive a copy of the AJ's decision?

Yes. You will be provided a copy of the AJ's decision. In addition, you will be provided a copy of the hearing record, an order entering judgment for the prevailing party and a notice to the parties containing information about issuance of the agency's final order, appeal rights and other matters.

When will the AJ issue the decision?

EEOC's goal is for cases to be decided within 180 days. The AJ will issue his or her final decision as soon as practical after the hearing.

What is the Final Agency Order or Final Agency Decision?

In addition to rendering a decision in the case, the AJ also issues an order entering judgment for whichever party prevailed in the case. The AJ's decision and order and a copy of the hearing record will be sent to the designated agency representative responsible for issuing a final order in the case. The agency has 40 days from the time it receives these instruments to notify you whether the agency will fully implement the AJ's decision and notify you of your appeal rights. If the agency's final order does not fully implement the AJ's decision in the case, the agency must simultaneously file an appeal in accordance with 29 C.F.R. §1614.110(a).

The agency is required to issue a final decision in the time and manner specified in 29 C.F.R. §1614.110(b) if you elect not to request a hearing by an AJ (and instead request the agency to immediately issue a final decision in your case) or, if for any reason, the AJ dismisses your hearing request and returns the complaint for a final agency decision.

Can I appeal the agency's final order or decision?

Yes. If you are dissatisfied with the Agency's final order implementing the AJ's decision, you may appeal to EEOC's Office of Federal Operations (OFO). The AJ and the agency will inform you of your appeal rights.

Alternatively, you may file a civil action in an appropriate United States District Court lieu of an administrative appeal to OFO. In choosing this course of action, you should first review the district court's regulations or rules.