This adjudication scheme handles cases brought under Title VII of the Civil Rights Act, the ADEA, the Rehabilitation Act, and the Equal Pay Act.
There are several steps to this scheme: first, the complainant must consult a Counselor. If the Counselor does not help the complainant resolve his or her issue and the complainant wishes to proceed, he or she must request an investigation by the Board of Governors. If the Board does not complete the investigation within the allowed time (usually 180 days after filing), or if the complainant does not agree with the Board's decision, the complainant can request a hearing.
When the complainant requests a hearing, the case is heard by an administrative judge at the EEOC. The judge follows procedures as described in 12 CFR 168.108, and issues a decision. The Board of Governors has 40 days within which to issue a final order--if the Board does not do so, then the administrative judge's decision becomes the final action of the Board.
If the Board decides not to implement part or all of the administrative judge's decision, it can issue a final order to that effect, but must simultaneously file an appeal to the EEOC (See 12 CFR 268.109(a) and 12 CFR 268.403). The complainant may also appeal the Board's final decision to the EEOC or to a United States district court (12 CFR 268.109). Procedures for appeal to the EEOC can be found in 12 CFR 268.402-405. When the EEOC makes a decision, the Commission sends the decision to the Board, who then issues the final decision (12 CFR 268.405(c)).
Complainants may also file directly in a United States district court without proceeding through the hearing process for cases filed under the Age Discrimination in Employment Act (12 CFR 268.201) and the Equal Pay Act (12 CFR 268.407).
Finally, under this scheme, complainants can also file class action hearing. Procedures are largely the same, with additional procedure for forming the class and modified time limits (12 CFR 268.204).