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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:
Equal Employment Opportunity Commission (EEOC) P.O. Box 19848 Washington, DC 20036-9848
Director, Office of Federal Operations Equal Employment Opportunity Commission (EEOC) 1801 L Street, NW Washington, DC 20507
OFO appeal/file number. All submissions to OFO thereafter must contain the OFO appeal/file number. Appeal Brief Within 30 days after your filing an appeal or from the file date, you should send an appeal brief in support of your appeal to OFO at the same address as above. A copy of the appeal brief should be also sent to the Agency EEO headquarters and/or 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.
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), after OFO decides to uphold Final Agency Decision (FAD) against you. The Reconsideration serves a very limited purpose. OFO will only reconsider if there are misinterpretation of material facts and law. No factual dispute will be considered. After filing an appeal to Office of Federal Operations (OFO), you can still file a civil suit at a US District Court within 180 days (if there is no OFO determination by then) or within 90 days of receiving the OFO determination. In lieu of appealing to Office of Federal Operations (OFO), you can file a civil 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. Note on attorneys: To file at the court, you need an attorney. Attorney fees may range anywhere between $10,000 to $100,000 or more. 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 you receive. Be a smart and 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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