© Copy righted by EEO 21 148 East Street Road, Suite 321, Feasterville, PA, U.S.A. |
When you receive the Report of Investigation at the conclusion of investigation of your "formal" complaint of discrimination, you will be notified of your option to request a hearing before an administrative judge at EEOC. (Click here for EEOC hearing request form.)
"constructive discharge" issues involving non-probationary federal employees are appealable only to the MSPB, and not to EEOC. See EEOC's Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, (EEO-MD-110) ("MD-110"), Chapter 4, Section II.B., pages 4-2 through 4-5.
suspension of more than 14 days, furlough, or on any other actions which are appealable to MSPB, since you may appeal them to MSPB. See MSPB appeal. EEOC Pre-hearing process: Once you request a hearing to be heard by an administrative judge at EEOC, EEOC will notify the Agency of its obligation to produce Agency file, including the Report of Investigation. Failure to provide it may result in a default judgment against the Agency. You should file a motion to the judge to deter a default judgment against the Agency.
Download 29 C.F.R. (Code of Federal Regulations) § 1614.109 governing the EEOC hearings.
strike down the OPM rule requiring them to be active bar members while functioning as Administrative Law Judges. See more detail on the AALJ complaint. Once a case is docketed at EEOC, an administrative judge (AJ) will be assigned to the case. The AJ will issued an Acknowledgement Order (sample) specifying a series of deadlines. They involve deadlines for discovery, filing motions, responding to motions. Also the deadline for submitting a pre-hearing report may be set. See below for pre-hearing report. Once the judge has been assigned to your case, you can make a motion to add issues not accepted, omitted, or not investigated by the Agency's EEO investigator. You can also amend your charge at this time (if appropriate and timely) by filing a motion to the judge. All submissions to the Judge must be served to the Agency counsel and must be accompany by a certificate of service. (Sample motions) Once the Agency Investigation File (including Report of Investigation) is submitted to the judge by the Agency, everything in it becomes a part of record automatically. You need not submit any documents already contained in the Agency file or in the Report of Investigation for use in your motions or at the hearing. Discovery: It is very important that you or your representative initiate the discovery. Discoveries may include request for production of documents and request for Agency's response to your written interrogatories (you can ask questions to your supervisor who acted against you in discrimination). Discovery requests are served to the Agency representative, never to the judge. If the Agency fail to respond properly and timely to your discovery requests, you can file a motion to the judge to compel the Agency to respond to your discovery requests. The judge will specify the discovery period, after which no further discovery may be allowed by either side. After discovery period, no other evidence can be admitted (except for impeachment of witnesses for perjury at the hearing, if appropriate). Any newly obtained evidence should be immediately submitted to the Agency and/or to the judge, if appropriate, prior to the hearing. Complainant and witnesses may be deposed by the Agency counsel during the discovery period. Complainant is expected to cooperate with the Agency's deposition. Complainant may depose the Agency's decision makers, too, at his or her cost during the discovery period. All motions and submissions to the judge must be also served to the Agency representative; and a certificate of service verifying that you have done so must accompany all your submissions. Judges like as many stipulations as possible. Stipulations are facts agreed to by both sides. Since they are admitted by both sides, they need not be established at the hearing or in the motion (filed after stipulations are established). The more stipulations, the shorter the hearing will be. However, do not be pressured into admitting facts you are not comfortable or familiar with. If you don't like how it is described, don't agree to it. Do'nt stipulate it. Settlement discussions are usually ordered (by the judge) to be initiated by the Agency to resolve the matter at the outset of the hearing process. You may be requested to provide a written itemization of your settlement demands and the justification thereof. The judge may decide to render a summary judgment without holding a hearing. If so, he or she will notify both parties his or her intention to do so ('Notice of Intent to Enter Summary Judgment'). The Agency usually files a motion in support of the judge's intention. You or your representative should file a motion responding and in opposition to the agency's motion for a summary judgment. Or, if you feel you have enough evidence in supporting your case in the file or on record, you can file a motion to the judge for summary judgment in your favor. If the judge decides to render a summary judgement, the pre-hearing and the hearing (if scheduled) will be canceled; and the judge's decision will be issued shortly thereafter. Once the judge's decision is issued, it will be incorporated in the Final Agency Decision, which will be issued to you. If the judge decides to hold a hearing, a pre-hearing and a hearing will be scheduled and held. The Agency is required to provide the feasible location for the hearing. You are responsible for the cost of your witnesses' appearance at the hearing if they are not employed by the agency. Due to time constraints, judges usually don't allow more than 5 witnesses from each side. The judge may require both parties to submit a pre-hearing report, containing a summary of facts and issues, stipulations (if any), list of evidence and witnesses (if not already contained in the ROI), and other relevant items pertaining to the hearing. A list of witnesses should be part of the pre-hearing report and should include the name, title, address, phone, and a brief and specific description of what he or she can attest to. Your pre-hearing report or any motions you file may be objected to by the Agency on various grounds. You may do the same on the Agency's pre-hearing report or on its motions. At the pre-hearing conference, which is usually conducted by phone, issues and bases, new evidence admission and witnesses for the hearing are discussed and agreed to. Various outstanding motions, if any, may be dealt with at the pre-hearing. Outstanding motions dealing with new or additional evidence, if submitted, are discussed and ruled upon by the judge. Any stipulations may also be agreed to. EEOC Hearing: The Judge begins the hearing with brief summary of issues and bases. Opening and closing statements can be offered from both sides. You cannot submit any additional or new evidence not discussed or agreed to by both sides prior to the hearing. However, you can introduce evidence (not admitted prior to the hearing) if the witness discusses it during the hearing and if you overcome the opposing counsel's objection to the admission thereof.
Investigation (ROI). Witnesses are questioned, cross examined, re-crossed, and re-addressed by both parties.
A hearing brief (if a pre-hearing report was not submitted already for one reason or another and if permitted by the judge) can be submitted before the hearing but not after. The hearing is closed to the public. Hearings usually do not last more than 2 days. Judges like to do it in a day. Administrative Judge's Decision and Order: This is rendered within 10 days of the hearing; and it is incorporated into the Final Agency Decision. The judge's decision will be sent to you. You cannot appeal the Judge's decision but only the Final Agency Decision which will incorporate the judge's Decision and Order (See appeal to OFO). Within the 40 days of the administrative judge's decision, the Agency is required to issue you the Final Agency Decision (FAD) along with the notice of your appeal rights either to EEOC Office of Federal Operations (OFO) or to federal district court. Disclaimer: All information contained in this page is subject to change and updates. EEO 21 is not responsible for any errors or misrepresentation. |
| EEOC Hearing |
MSPB & EEOC hearings, OFO appeals Non attorney uniquely serving nationwide from Philadelphia |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |