Other Fields
Agency Scheme: 
EEOCGOVT0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of Federal Operations
Appeal Office (global name): 
Equal Employment Opportunity Commission: Office of Federal Operations
Sub-Agency/Bureau/Division:: 
Appellate Review Programs
Appeal Officer #1 (Title): 
Director, Office of Federal Operations
Appeal Officer #2 (Title): 
Executive Officer, Executive Secretariat
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Appellate review of decisions relating to employment discrimination claims by certain state/local government employees under (a) the Government Employee Rights Act (see 29 CFR Part 1603/Subpt. C), or (b) EEOC's federal sector hearing program (see 29 CFR Part 1614/Subpt. D). The Office of Federal Operations assists the Commission in its appellate operations by processing appeals, reviewing case records and briefs, and issuing appeals decisions and, in select cases, preparing recommended decisions for consideration by the Commission. OFO also adjudicates petitions to review decisions from Merit Systems Protection Board in which the claimant has raised the affirmative defense of discrimination or retaliation.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
100.00%
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
29 CFR Part 1603, Subpt. C; 29 CFR 1614, Subpt. C
Other published guidance for appeal hearings (if any): 
EEOC Management Directive 110 (published on EEOC's external website)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected for appeals heard by this office?: 
Required by Rule
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Staff Attorney
If "Other/Varies by Case," please describe: 
The Office of Federal Operations assists the Commission in its appellate operations by, among other things, preparing recommended decisions for consideration by the Commission. (See 29 CFR 1614.304 (a))
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
364 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
Appellants can file an action in the appropriate district court following issuance of the final decision. Agencies may not file a civil action under any circumstances after issuance of the final decision.
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at this office: 
This office applies a balanced approach to inventory management, where we adjudicate a significant number of appeals in less than 180 days while simultaneously addressing the older appeals in the inventory.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
EEO-MD-110, 6-3.
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
ADJUDICATORS
Total # of Appeal Officers: 
1
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Who conducts the ADR?: 
Third-Party Neutral
Agency ADR Official
Other published guidance on ADR process (if any):: 
Federal Appellate Settlement Program, http://www.eeoc.gov/federal/adr/fastprogram.cfm Chapter 3 EEO-MD-110
Comments/Notes on ADR Process (Optional): 
The FAST program focuses on appeals which have been decided by final agency decisions on the merits. Mediation sessions are conducted by "qualified EEOC staff" either in Washington, DC or by telephone. If the dispute is not resolved within 60 days, EEOC will terminate the ADR process and the case will be referred back for adjudication.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
4,244
Total # Cases Decided/Closed (FY2013): 
4,361
Total # Cases Pending (End of FY2013): 
4,305
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
Web address: 
http://www.eeoc.gov/federal/reports/index.cfm http://www.eeoc.gov/eeoc/statistics/nofear/ http://www.eeoc.gov/eeoc/statistics/nofear/
Verified by Agency: 
Verified