The U.S. Equal Employment Opportunity Commission

XIII. Judicial Review

If you still believe that the EEOC has not handled your FOIA request in accordance with the law after your appeal has been decided, you have a right to challenge the agency's action in a lawsuit filed in Federal Court. The litigation process is known as "judicial review." Before doing so, you will be required first to have filed an administrative appeal and to have received a response. However, if the EEOC fails to respond to either your initial request or your appeal within the time limits discussed above, you may file suit as soon as the time limits have expired.

If you do bring a court action, you may file your suit in a Federal District Court in any of the following places: (1) where you reside, (2) where you have your principal place of business (if any), (3) in the District of Columbia, or (4) where the records are located. If you have received an administrative appeal determination, that final administrative response letter will advise you of your right to seek judicial review and will specify where you can do so. You have six years to file suit from the time your right to sue begins. Finally, please understand that attorneys and employees of the EEOC are prohibited from giving legal advice to members of the public on any matters, including Freedom of Information Act litigation.

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This page was last modified on May 12, 2006.

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