EEOC U.S. Equal Employment Opportunity Commission

EEOC Public Portal – Appellate Questions and Answers
Agency FAQ’s

Question: What happens in FedSEP when complainant files an appeal through the EEOC Public Portal?

Answer:  When a complainant files an appeal through the EEOC Public Portal, several things will happen in FedSEP:

Question: When does the “clock start” for a respondent agency to submit the complaint file, after a complainant has filed a new appeal through the EEOC Public Portal?

Answer:  EEOC regulation 29 C.F.R. § 1614.403(e) requires that agencies send the complaint file to the EEOC Office of Federal Operations (OFO) within 30 days of initial notification that complainant has filed an appeal. This 30-day time period will still apply to appeals filed by complainants through the EEOC Public Portal.

In this virtual context, however, the 30-day time period will be deemed to start when newly docketed matters appear on agencies’ FedSEP appeal inventory lists. The reason why agencies are considered to have received notice when Public Portal appeals appear in agencies’ FedSEP appeal inventory lists is because agencies are able to see the new OFO docket numbers, the agency numbers provided by complainants, the acknowledgement letters issued to complainants who filed through the EEOC Public Portal, and any documentation uploaded by complainants. Therefore, the inclusion of this information in agencies’ FedSEP appeals inventory constitutes notification for purposes of this provision of the regulations.

For appeals not filed through the EEOC Public Portal, agencies still must submit the complaint file to OFO within 30 days of notification of the appeal – be it when complainant serves the agency with a copy of the appeal, or when the agency EEO Director and Appeal Contacts receive an email acknowledgment of the new appeal. 

Question: Will agencies still receive acknowledgements from the EEOC Office of Federal Operations (OFO) that complainants have filed new appeals?

Answer:  Yes. Whether complainants electronically file new appeals through the EEOC Public Portal or submit appeals in “hardcopy” to OFO, agencies will now receive acknowledgment letters of these new appeals by email. These emails will be sent after OFO staff have “perfected” the appeal and issued acknowledgment letters to the parties. Emailed acknowledgment letters will be sent to the agency FedSEP EEO Director, persons on the agency’s Appeal Contact List, and any legal representative assigned to the matter. The acknowledgment letter to the agency will also be viewable by complainants using the EEOC Public Portal.

Emailed acknowledgment letters will replace mailed hardcopy acknowledgment letters; therefore, OFO will stop mailing hardcopy acknowledgment letters to agency officials for all appeals, including EEOC Public Portal appeals and appeals submitted in hardcopy to OFO.

Question: Can agencies “serve” complainants through FedSEP?

Answer: Yes, when complainants have registered an account in the EEOC Public Portal. To determine whether a complainant is utilizing the EEOC Public Portal for an appeal, login to FedSEP, click on Appeals and you can see which appeals have come from the Portal under the column designated “From Portal?”.

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: