Office of Federal Operations Appeals

Jennifer Duke

February 4, 2016

When a federal employee files an EEO complaint against an agency, the complaint will either go to a hearing in front of an Administrative Judge, or the employee will request a Final Agency Decision. Should an Administrative Judge decide against the employee, or a Final Agency Decision be issued in favor of the Agency, not the employee, the employee has the right to appeal the decision.

In order to appeal an EEOC decision to the Office of Federal Operations, an employee must elect to appeal within 30 days of receiving the decision he or she seeks to appeal. After electing to appeal, the employee then has another 30 days to submit a statement in support of his or her appeal.

If an employee appeals a decision of the Merit Systems Protection Board to the Office of Federal Operations, then the appeal form and brief in support of appeal must be submitted together.

Once an appeal is submitted to the Office of Federal Operations, the Agency will be given a chance to respond to the appeal. The employee will receive a copy of the Agency's response and will be given the opportunity to reply to the Agency's response.

Once all pleadings are submitted, the Office of Federal Operations will issue a decision on the appeal. This can be issued relatively quickly, or can take over 1 year depending on the case. After the Office of Federal Operations issues a decision, either party can file a Request for Reconsideration, which is the final administrative appeal of the matter.

Appealing a case to the Office of Federal Operations can be a complicated and time consuming matter. As there is no hearing granted at the Office of Federal Operations, it is important that the documents submitted be as comprehensive as possible and accurately reflect the claims an employee makes.

If you have received an adverse decision and wish to appeal your claim to the Office of Federal Operations, the federal employee attorneys at Melville Johnson, P.C. may be able to help. Call or message us today to discuss your situation and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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