Appealing the Decision or Filing a Civil Action

Appealing to the EEOC Office of Federal Operations

Dismissal

If your entire complaint was not accepted for investigation and you receive a Postal Service final agency decision dismissing it, you may appeal the dismissal decision to the EEOC Office of Federal Operations (OFO) within 30 calendar days of receipt of the dismissal.

Final Agency Action After a Hearing (Decision by an EEOC Administrative Judge)

After an administrative judge issues a decision without a hearing or a decision following a hearing, you should receive a final action from the Postal Service regarding the administrative judge’s decision. You have 30 calendar days from the date you receive the Postal Service’s final action to appeal that final action or to appeal the EEOC administrative judge’s decision to the OFO.

If the Postal Service does not issue a final action within 40 calendar days from the date it receives the administrative judge’s decision, you may appeal the administrative judge’s decision to the OFO within 30 calendar days of the expiration of the Postal Service’s 40-day review period.

Merit Final Agency Decision After Investigation

If you receive a merit final agency decision from the Postal Service following the conclusion of the investigation, you may appeal that final agency decision to the OFO within 30 calendar days of the date you receive it.

Appeal Form and Process

Send appeals to the OFO on EEOC Form 573, Notice of Appeal/Petition to the Equal Employment Opportunity Commission. This form and the address for the OFO will be provided to you with any final agency action or final agency decision you receive. EEOC Form 573 can also be found at www.eeoc.gov.

You must send a copy of your EEOC Form 573 appeal to the Postal Service on the same day you send that appeal to the OFO. You must be able to provide proof that you sent a copy to the Postal Service. Send the copy of your EEOC Form 573 appeal to the Postal Service at the following address:

NEEOISO — APPEALS
U.S. POSTAL SERVICE
PO BOX 21979
TAMPA FL 33622-1979

Timeliness

If your representative is an attorney, the deadline for filing an appeal with the OFO begins when your attorney receives the Postal Service’s final agency decision or final action. If you are not represented by an attorney during the complaint process, your deadline for filing an appeal with the OFO begins when you receive the final agency decision or final action.




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