Office of Federal Operations (OFO) Appeals
Appealing EEO Discrimination Cases
After filing a discrimination complaint with your federal agency and the EEOC, you have the right to appeal the final agency decision or EEOC judge ruling to the EEOC's Office of Federal Operations (OFO) if you do not agree with the decisions. Contact The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, and have one of our EEOC appeals attorneys review your case and advise you on how to proceed. The OFO appeals process can be difficult to navigate alone, so it is important to have an experienced OFO appeals lawyer guide you.
How Do You File an OFO Appeal?
EEOC's Office of Federal Operations allows you to appeal an agency's final order (including an order dismissing your complaint). You have 30 days after receiving the final order to file your appeal. EEOC Form 573, Notice of Appeal/Petition, should be used to file an appeal.
To file an appeal:
- Typically, within 30 days of receiving a final agency decision or dismissal, you must file a written appeal to the EEOC’s Office of Federal Operations.
- Thereafter, you have 30 days to file a written statement in support of your appeal
- The EEOC will then review your entire case file, including the agency’s report of investigation, the EEOC judge’s decision, and any transcripts of the hearing.
- After OFO’s review, a written decision will be issued either in support of your appeal or not.
- If you do not agree with the OFO’s decision of your appeal, you have the option of asking EEOC for a reconsideration.
- If your complaint is not resolved, you can file a civil court suit against your employer.
The appeals process can be long, stressful, and even intimidating. You may feel pressure from your employer or even face retaliation due to your decision to come forward about your discrimination. Our law firm can advocate for your interests and protect you from further adverse actions, including employer retaliation. We're here for you every step of the way.
What is the EEOC's Decision-Making Process?
In addition to the agency's investigation and its decision, EEOC lawyers review the hearing transcript and any timely statements submitted by the parties. In the event of a hearing, the Administrative Judge's decision is presumed to be correct, unless the record clearly shows that the Administrative Judge erred. EEOC will generally not consider new evidence on appeal unless you can demonstrate that the evidence was not reasonably available when the agency made its decision.
What If You Disagree with the Appellate Decision?
Within 30 days after you receive the EEOC's decision on your appeal, you may request a reconsideration of that decision. You can only request a reconsideration if you can demonstrate that the decision is based on an error about the facts of the case or the law applied to those facts. Agencies may also ask for reconsideration.
Contact Experienced OFO Appeals Attorneys
If you would like to discuss the possibility of filing an OFO appeal, feel free to contact our attorneys for a consultation. Take a moment to learn your rights, your options, and what our legal team can do to preserve your interests.