Types of Appeals
- Appeal to the agency's final action (29 CFR 1614.401)
- Dismissal of complaint (29 CFR 1614.402a)
- Final decision of the agency when the issue of employment discrimination was raised in the grievance procedure (29 CFR 1614.401d)
- The agency's final action and order do not fully implement the AJ's decision (then the agency has to appeal to the EEOC) (29 CFR 1614.110a)
- Complainant's appeal to the EEOC for a determination as to whether the agency has complied with the terms of the settlement agreement or decision (29 CFR 1614.504b)
Appeal Timelines for Supporting Documents
- All appeals must be filed with the EEOC's Office of Federal Operations (OFO). The following timetables apply to documents being submitted:
- Any statement or brief on behalf of a complainant in support of the appeal must be given to the OFO within 30-calendar days of the filing the notice of appeal
- Any statement or brief on behalf of the agency in support of its appeal must be filed within 20-calendar days of filing the notice of appeal
- An agency must submit the complaint file to OFO within 30-calendar days of initial notification that the complainant has filed an appeal or within 30-calendar days of submission of an appeal by the agency
- Any statement or brief in opposition to an appeal must be submitted to OFO and served on the opposing party within 30-calendar days of receipt of the statement or brief supporting the appeal, or, if no statement or brief supporting the appeal has been filed, within 60-calendar days of receipt of the appeal (29 CFR 1614.403)
EEOC has the authority to draw unfavorable conclusions against a party failing to comply with its appeal procedures or requests for information (29 CFR 1614.404c).
The decision on an appeal from an agency's final action is based on a de novo review (question of law), except that the review of the factual findings in a decision by an AJ is based on a substantial evidence standard of review (29 CFR 1614.405a).
Requests for Reconsideration
A party may request that EEOC reconsider its decision within 30-calendar days of receipt of the commission's decision. Such a request is not a second appeal, and will be granted only when the previous EEOC decision involved an invalid interpretation of material fact or law; or when the decision will have a significant impact on the policies, practices, or operations of the agency (A party may request that EEOC reconsider its decision within 30-calendar days of receipt of the commission's decision. Such a request is not a second appeal, and will be granted only when the previous EEOC decision involved an invalid interpretation of material fact or law; or when the decision will have a significant impact on the policies, practices, or operations of the agency (29 CFR 1614.405b).
Class Action Appeals
For class action appeals, the class agent or the agency may appeal an AJ's decision accepting or dismissing all or part of the class complaint. A class member may appeal a final decision on an individual(s) claim for relief pursuant to a finding of a class-wide discrimination. Finally, the class agent or the agency may appeal from an AJ decision on the adequacy of a proposed settlement of a class action (29 CFR 1614.401c).