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). The appeal request form (EEOC Form 573) should be sent to:
Office of Federal Operations (OFO) One NOMA Station 131 M Street, NE, Suite 5SW12G Washington, D.C. 20507-0004 You can fax the appeal to: 202-663-7022 (if less than 10 pages).
FAX No. - 202-663-7022 TTY No. - 202-663-4593
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/mailing/faxing the appeal, you may send an appeal brief in support of your appeal to OFO at the same address as indicated above. A copy of the appeal brief should be also sent to the Agency EEO headquarters and/or to the Agency representative on record. The 30 day deadline for filing the brief may be 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 a copy of the Final Agency Decision or the Judge's Decision and Order you are rebutting or disputing (if not already submitted). At this time you can also report any valid and relevant complaint (supported by evidence) against the EEOC administrative judge or about the EEO office's mishandling your case. See a sample of an appeal brief. The response to your appeal may take several months. If your appeal is successful, OFO may remand the case back to the regional EEOC office to conduct a hearing, if no hearing has been held; or remand the case to the Agency for further investigation or resolution. Otherwise, OFO will uphold the Final Agency Decision. You may still file a civil lawsuit at the federal court, if and after OFO decides against you. 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 for Reconsideration by OFO (at the same address specified above), if and after OFO decides to uphold the Final Agency Decision (FAD) against you. The Reconsideration serves a limited purpose, however. OFO will only reconsider if there are misinterpretation of material facts and misapplication of law. No factual dispute 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).
to $100,000 or more. Their hourly rate may vary between $175 to $375 per hour. 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. Disclaimer: All information contained in this page is subject to change and updates. EEO 21 is not responsible for any errors or misrepresentation. |
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MSPB & EEOC hearings, OFO appeals, informal and formal discrimination claims Non attorney uniquely serving nationwide from Philadelphia |
