Scheme Nickname: 
Federal sector EEO

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

Comments/Notes on Adjudication Structure: 
Appeals by either employees or federal agencies are filed with the Office of Federal Operations (OFO), which issues the initial decision on behalf of the Commission. (29 CFR1614.403(a), 1614.404). “The decision on an appeal from an agency’s final action shall be based on a de novo review, except that the review of the factual findings in a decision by an administrative judge . . . shall be based on a substantial evidence standard of review.” (29 CFR 1614.405(a))
Types of Adjudication: 
Type B
Resources & Articles: 
ACUS Office of the Chair Report on EEOC Adjudicators (Emily Bremer):
Distinctive Features: 
EEOC's federal sector hearings process has several unique aspects. Complaints of discrimination by federal employees must first be directed to their employing agency. After informal processing and more formal investigation, the agency provides the employee with the investigative file. Based on that file, The employee may either request a hearing with an EEOC AJ or issuance of a final agency decision, from which suit in federal district court may be filed. The EEOC hearing, if requested, is unique in that (a) it is considered to still be part of the investigative process, and, consequently, (b) EEOC Administrative Judges do not issue final agency decisions. (However, note the recent ACUS report assessing the status of EEOC's federal sector adjudicators and considerations should the agency potentially wish to shift to a more formal process using ALJs.) Rather, AJs issue written decisions, which the employing agency can either adopt in toto as the agency's decision, or reject in while or part and simultaneously file an appeal with the Commission.
Verified by Agency: 
Is this a Major Adjudication: