After you receive the Report of Investigation (ROI), you will have the chance to request a Final Agency Decision (“FAD”) or a Hearing with the EEOC. If you request a FAD, the Agency will review your claims and issue a decision as to whether or not the Agency has discriminated against you. 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 acivil 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.