Mixed Cases at the EEOC & MSPB

Jennifer Duke

February 17, 2016

A mixed case happens when a federal employee is terminated or constructively discharged and believes that the reason for the termination or constructive discharge was discriminatory.

This type of case is considered "mixed" because the Equal Employment Opportunity Council (EEOC) would typically handle allegations of discrimination, but not terminations or constructive discharges.

The Merit System Protections Board (MSPB) hears cases concerning personnel actions such as termination or constructive discharge, whether or not discrimination is a factor.

These types of cases can be heard at either the EEOC or the MSPB, but an employee seeking to bring this type of action must choose one forum to hear the case. An aggrieved employee cannot file claims in both venues.

An employee with a mixed case can either go straight to the MSPB or can go through the EEO process with their Agency. They can then appeal the Agency's resolution or Final Agency Decision to the MSPB, if necessary.

Processing a mixed case is complicated and can be very confusing; however, mixed cases are not uncommon.

The federal employee attorneys at Melville Johnson PC. regularly handle mixed cases, and our MSPB and EEOC experts are here to make this complicated process manageable for you.

Call or message us today using the form below to discuss your situation and to learn how we can assist you with your case.

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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115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313