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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).

     
  • 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.

     
    • 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.

         
         
         
    • 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.