Hearing Process

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

• A hearing with an administrative judge (AJ) is requested.

  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.

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

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• A hearing date will be set and the hearing will occur.

  What is a hearing?

  An administrative hearing 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.

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

  Where can I find more information about the hearing process?

  More information about the hearing process can be found at https://www.eeoc.gov/federal/new/employees/hearings_faq.cfm

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• The administrative judge (AJ) will issue a decision within 180 days of receipt of the complaint file from the agency.

• Within 40 days of receipt of the AJ's decision, the Agency will provide a final decision either accepting (in part or in whole) or rejecting the AJ's decision.
  
  If the Agency does not fully implements the AJ's decision, the Agency must file an appeal with the Commission.
  
  If the Agency does not provide a final decision, then the AJ's decision becomes the Agency's final decision.
  
  The final agency decision may be appealed to the Office of Federal Operations (OFO) within 30 days.  If you choose to appeal to the OFO, that begins the appeals process.
  
  You may also file a civil action in federal district court.