Appeal To appeal the Final Agency Decision (FAD) to the EEOC Office of Federal Operations (OFO), you need to send the EEOC Form 573, Notice of Appeal/Petition (which should be enclosed with the Final Agency Decision or the judge's Order, if applicable) within 30 calendar days of your receipt of the Final Agency Decision (FAD).
appeal form must be also copied to Agency's EEO Director. The appeal request form (EEOC Form 573) (together with supporting brief) should be sent to:
Office of Federal Operations (OFO) PO Box 77960 Washington, DC 20013
Office of Federal Operations (OFO) One NOMA Station 131 M Street, NE, Suite 5SW12G Washington, D.C. 20507-0004
FAX No. - 202-663-7022 TTY No. - 202-663-4593 A brief supporting your appeal may be submitted later and separately but within 30 days of your appeal (unless your request for extension is granted). See below for more on the appeal brief and on the request for extension.
only), you must submit the appeal form with the supporting brief. No extension may be granted. You may also appeal the Final Agency Decision which is rendered based on an arbitration decision.
letter from OFO specifying the (appeal) file date and the OFO appeal/file number. All submissions to OFO thereafter must contain the OFO appeal/file number.
Appeal Brief Within 30 days from the date of filing the appeal, you may send an appeal brief in support of your appeal to OFO at the address indicated above. A copy of the appeal brief should also be sent to the Director of the Agency's EEO office. (Exception: If you are appealing Merit Systems Protection Board (MSPB) decision (on the issues of discrimination only), you must submit the appeal form with the supporting brief. No extension may be granted. No separate brief (filed after submitting the appeal) may be accepted. See 29 C.F.R. Section 1614.304(b)(3)) The 30 day deadline within which to file a brief (after the appeal) is usually extended if you request an extension by sending an email to: OFO_extensions@eeoc.gov. The appeal brief should contain the facts omitted or misrepresented, attachments of relevant or omitted evidence, and, if not already submitted with the appeal, a copy of the Final Agency Decision and the Judge's Decision you are appealing. See a sample of appeal brief. You can argue any procedural flaws on the part of the administrative judge (if you had a hearing) or by the Agency EEO staff and/or omission of evidence you presented earlier.
applicable) and for appropriate remedy. You may also ask for the case to be remanded back to the Agency for further/proper investigation or may ask (if you had a hearing) to re-open the hearing. You can also report any valid and relevant complaint (supported by evidence) against the EEOC administrative judge or about the EEO Director's mishandling of your case. The response to your appeal may take several months or even up to two years or more sometimes. If your appeal is successful, OFO may remand the case back to the Agency EEO office for further investigation or resolution. Otherwise, OFO will uphold the Final Agency Decision. Within 90 days of receipt of OFO's decision, you may appeal it by filing a civil lawsuit at the federal district court. If no decision is rendered by OFO 180 days after your appeal, you may file a civil action at the appropriate federal district court. For questions, you can call OFO and asked for the Attorney of the Day: 202-663-4519 or 4599.
The final step within the federal EEO complaint process is the step to exercise your right to request a Reconsideration by OFO (at the same address specified above), if and after OFO decides to uphold the Final Agency Decision (FAD) against you despite and after your appeal. The Reconsideration serves a limited purpose, however. OFO will only reconsider if there were misinterpretation of material facts and misapplication of law. No factual dispute already adjudicated will be reconsidered. The OFO's decision may be contested by filing a civil law suit at a US District Court within 90 days of receipt. If there is no OFO determination 180 days after filing the appeal (which is the case with most appeals), you may file at a US district court. In lieu of appealing to Office of Federal Operations (OFO), you can file a civil law suit in a US District Court within the 90 days of receipt of the Final Agency Decision (FAD). When filing at the US District Court, you must identify the appropriate department or agency head as the defendant, as well as his/her official title. You will need an attorney to file at the civil courts or you may represent yourself (pro se). EEO 21 can help you file and represent yourself (pro se) at the U.S. District Court in a limited capacity.
may vary between $175 to $675 per hour, depending on the location in the country. They may charge for every email issued (even with one sentence) and every phone call you make. Many attorneys may settle or drop out before going to a trial after receiving the fee, contrary to what they may say initially. The amount of fees the attorneys charge does not always correlate with the quality of services they offer. Be an alert consumer/client. Attorney misconduct or malpractice may be reported to attorney discipline board or attorney ethics board in your state. More on attorneys.
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MSPB & EEOC hearings, OFO appeals, informal and formal discrimination claims Non attorney uniquely serving nationwide from Philadelphia |
| Appealing to Office of Federal Operations (OFO) - EEOC |