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John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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I filed an EEO case against the FAA. I received the ROI 3 days

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I filed an EEO case against the FAA. I received the ROI 3 days ago. What do I need to do now?
Hi, thanks for submitting your question today. Each option gives you quite a few rights but I believe having your case heard by an EEOC admin law judge always gives the best chance at success. Specifically, if you ask the agency to issue a decision (without a hearing) and no discrimination is found, or if you disagree with some part of the decision, you can appeal the decision to EEOC or challenge it in federal district court.But importantly, they only review the record the agency has in place, not your testimony before a judge. So if there are things you do not believe were adequately covered in the investigation then you'll want a hearing.

On the other hand, if you request a hearing, an EEOC Administrative Judge will conduct the hearing, make a decision, and order relief if discrimination is found. You'll have the opportunity to present matters in your own light and more complete than your investigation file. Once the agency receives the Administrative Judges decision, the agency will issue what is called a final order which will tell you whether the agency agrees with the Administrative Judge and if it will grant any relief the judge ordered. The agency will have 40 days to issue the final order. It will also contain information about your right to appeal to EEOC, your right to file a civil action in federal district court, and the deadline for filing both an appeal and a civil action.




Also, it is important to note that any appeal of the EEOC finding will include only the record created. So if you do not have a hearing, anything that is not included in the file is not reviewed. Thus, in my view it is almost always better to have a hearing…even if you do not have an attorney.


I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.



Customer: replied 4 years ago.

Just to be sure, My requesting the hearing, I can add more to the case that will be reviewed at the end. But I am concerned about the Mixed case. After reading the ROI, there is grounds on discrimination, but allot of issues were brought up that fall in the MSBP area. Based on what I've read, even though I got EEO side, I still have an opportunity, if the EEO case fails to request MSPB within a certain amount of time after the agency final decision, right? I'm at a loss with this as I have lost so much because of this. I was removed from the Agency in January. I'm trying my best to make ends meet working 6 days a week 12+ hours a day.

That's correct - taken directly from the regulations "If the complainant is dissatisfied with the agency's final decision on the mixed case complaint, the complainant may appeal the matter to the MSPB (not EEOC) within 20 days of receipt of the agency's final decision"
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