Appealing Final Agency Decision 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 PO Box 77960 Washington, DC 20013
Compliance and Control Division Office of Federal Operations U.S. Equal Employment Opportunity Commission 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. No extension will be granted.
discrimination 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 involving discrimination claims.
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.
receipt of Final Agency Decision. See a sample of Court Complaint. Appeal Brief Within 30 days from the date of filing the appeal (Form 573), 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 together with the supporting brief. No extension may be granted for filing the brief separately later. 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 sending the appeal form 573) used to be extended upon request for an extension. As of August 2017, no more extension will be granted. 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 investigative staff and/or omission by Agency of evidence you presented earlier during the investigation period.
discrimination/retaliation (if 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 or staff's mishandling of your case.
sent to you as well. You can reply to Agency's Response within short period of time for the OFO to consider.
Decision in deviation from the ruling and would appeal the judge's decision to OFO. Agency has 30 days to appeal from the date of Final Agency Decision; and 30 days thereafter to file a support brief. You have 30 days within which to respond to Agency's appeal brief or 60 days from Agency's appeal if no brief follows Agency's appeal.
The OFO decision in response to your appeal and Agency's response (if any) may take several months or even up to two years or more sometimes. It has been said that OFO triages the case for quick decision or for longer decision period. If your appeal is successful, OFO may remand the case back to the Agency EEO office for further investigation, for EEOC hearing, or for resolution with ordering of the appropriate remedy. 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 also 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.
All OFO decisions can be looked up by name, case no, type of discrimination, etc. at:
OFO upholds AJ's decision in your favor and AJ's Order on the remedy awards, Agency may still refuse to comply with the Order with no adverse consequences whatsoever; because OFO lacks enforcement power. In rare cases, Agency will scorn at AJ's decision and refuse compliance ordered by AJ or OFO (upon appeal). OFO merely monitors a voluntary compliance on the part of the Agency for remedies OFO ordered for the complainant. Such is the reality of the federal EEO at the highest and ultimate adjudicative level - at OFO.
Request for Reconsideration 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 after your appeal.
party has 20 days (from the date of service, not receipt) to reply. 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. 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). See a sample of Court Complaint. 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).
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.
Title VII of the Civil Rights Act of 1964, § 706 (f)(1)(B), 42 U.S.C. § 2000e-5(f)(1)(B), provides:
may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, cost, or security.
when you file a law suit at a U.S. District Court.
Court, in lieu of requesting an administrative EEOC hearing; or within 90 days of receiving Final Agency Decision or OFO appeal decision. |
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| Appealing to the Office of Federal Operations (OFO) - EEOC |
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