If your agency issues a final decision dismissing or denying your EEO complaint—or disagrees with an EEOC Administrative Judge’s finding of discrimination—you have the right to appeal. These appeals are handled by the EEOC’s Office of Federal Operations (OFO).
Who Can Appeal?
- Federal employees who receive an unfavorable final agency decision
- Agencies disagreeing with an EEOC judge’s ruling
Appeals must be filed with the OFO within 30 calendar days of receiving the final agency decision (29 C.F.R. § 1614.402(a)).
What Does the OFO Review?
The OFO will review:
- The agency’s final decision
- The full investigation file
- The hearing record, if applicable
- The administrative judge’s decision, if one was issued
The OFO may affirm, reverse, remand, or modify the lower decision.
How to Strengthen Your Appeal
- Focus on legal error or factual misinterpretation: This is not a chance to re-argue your case; it’s an opportunity to show that the decision below was wrong.
- File a timely, well-supported brief: Although not required, submitting a written statement of exceptions and legal argument is highly recommended.
What Happens After?
If the OFO rules against you, you may:
- File a request for reconsideration (within 30 days)
- File a lawsuit in federal district court (within 90 days of OFO’s final decision)