Final Agency Decisions

Yizhou Wei

March 20, 2020

It is not often that the Agency finds against itself. In issuing the FAD, the agency will set out the agency’s own findings in making the decision.

If you are unsatisfied with the results of the Final Agency Decision, you will have appeal options should you decide to pursue that route.

Upon receipt of the FAD, you will have thirty (30) days to file an appeal with the Office of Federal Operations, the EEOC's appellate division.

It should be noted that this is the same appeal right you would have following a hearing on your case at the EEOC.

Alternatively, you also have the right to file a civil action in the appropriate United States District Court.

It is important to note that filing a civil action terminates the processing of your case with the EEOC. If you decide to pursue civil action, you must file:

Within ninety (90) days of receiving the FAD, if no appeal has been filed yet; or
Within ninety (90) days of receiving the EEOC’s final decision on an appeal; or
After 180 calendar days from the date of filing an appeal to the EEOC, if there has been no final decision by the EEOC.

Obtaining a Final Agency Decision, and appealing that decision if necessary, can be a complicated process. Only a legal representative will be able to fully inform you of the nuances and consequences of your case.

Our federal employment attorneys are experts in this process and ready to help. Call or message us today using the form below to discuss your situation and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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Atlanta, Georgia 30313