Other Fields
Agency Scheme: 
EEOCFEDS0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Field Programs
Name of Hearing Office (global name): 
Equal Employment Opportunity Commission: Office of Field Programs
Hearing Officer #1 (Title): 
Attorney Examiner
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Review of discrimination complaints by federal employees by Administrative Judges. Covered discrimination claims include: race; color; gender; religion; national origin; age; disability; genetic information; and retaliation for protected actions protected under federal equal employment opportunity laws. (29 CFR Part 1614).

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
29 CFR Part 1614, Subparts A - C
Other published guidance for hearings (if any): 
EEOC Handbook for Administrative Judges (July 2002); EEO Management Directive, MD-110 (both available on agency website)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Parties have a right to conduct discovery as needed for "reasonable development of evidence." If the parties cannot agree in writing to the methods and scope of discovery, the propounding party may seek authorization from the AJ. Potential discovery methods include: interrogatories, depositions, document requests, and requests for admission. (29 CFR 1614.109(d))
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
30 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
In-Person
Video
Phone
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
The Administrative Judge has the discretion to set a case for hearing in-person, by video or in limited circumstances by telephone, based on the nature of the case and needs of the parties and witnesses.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
No (Hearings Always Closed/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
EEOC Administrative Judges do not, generally speaking, issue final agency decisions. Rather, AJs issue written decisions, which the employing agency can either adopt in total as the agency's final decision, or reject in while or part and simultaneously file an appeal with the Commission. (AJ decisions only become the employing agency's final action if that agency fails to take timely final action after receiving the AJ's decision.) (29 CFR 1614.109(i), 1614.110)
If "Yes," please specify these time limit(s): 
EEOC Administrative Judges are required by regulation to issue their written decisions within 180 days of receiving the complaint file from the agency, unless the AJ determines that good cause exists for extending the time. Federal agencies, in turn, must issue their final action and order within 40 days of receiving the AJ's written decision and hearing file. (29 CFR 1614.110)
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
383 Days
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
First-In/First-Out Basis
Please briefly describe your case management practice(s) at the hearing level stage: 
Generally cases are assigned to an administrative judge based on the order in which the hearings request was received by the office. However, if a case comes in that should be consolidated with a like or related case that is already assigned to an administrative judge the new case will be assigned with the older ones and therefore will essentially be assigned in accordance to the order of the older like or related cases. Additionally, administrative judges are expected to process cases efficiently and to employ judicial economy to his/her case management decisions. Also, we are currently piloting a new process that allows for differentiated case management.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
The EEOC Administrative Judge handbook pages 7-10 & 11 specifies the content of the hearings record.
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
EEOC regulations governing hearings by Administrative Judges also provide for: dismissal of complaints for failure to state a claim and other procedural defects; consolidation of matters/issues by hearing officer for common issues of fact or law; summary judgment; and, class complaints. (See 29 CFR 1614.109((b) & (g), 1614.204)
ADJUDICATORS
Total # of Hearing Officers: 
98
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Settlement Conference
If "Other," please specify:: 
Other potential ADR methods employed by federal agencies in their pre-complaint processes include early neutral evaluation, ombuds, mini-trials, and peer review. According to EEOC's report on ADR in the Federal Sector EEO Process for FY2006, mediation is the overwhelming choice by agencies as an ADR technique.
Who conducts the ADR?: 
Third-Party Neutral
Agency Program Official
Agency ADR Official
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 CFR 1614.102(b)(2)
Other published guidance on ADR process (if any):: 
EEOC Handbook for Administrative Judges (July 2002), Ch. 3, Section III
Comments/Notes on ADR Process (Optional): 
ADR processes in the resolution of federal sector EEO complaints consist of (a) mandatory ADR programs by federal agencies during their respective complaint processing and investigation stages, and (b) EEOC ADR programs when a complainant-employee requests a hearing with an Administrative Judge. EEOC's hearing-level ADR initiatives primarily consists of overseeing and supporting agencies' ADR programs. EEOC, however, does operate the Federal Sector Mediation Services Pilot Program (FSMS), which provides fee-based mediation services to small federal agencies based on EEOC-agency Memoranda of Understanding.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
7 077
Total # Cases Decided/Closed (FY2013): 
6 789
Total # Cases Pending (End of FY2013): 
8 313
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
WRAP-UP
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