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The Equal Employment Opportunity Commission (EEOC) is a government agency whose purpose is to enforce federal laws against employment discrimination. The EEOC has the authority to investigate claims of workplace discrimination and make decisions that can substantially impact the rights of employees. Workers naturally want to know whether they can appeal these decisions and what other legal avenues they may have to redress discrimination. The Keleher Appellate Law Group provides guidance on the steps you can take to appeal the EEOC’s decision.
Grounds For EEOC Appeals
Merely disagreeing with the EEOC’s decision is not enough to successfully appeal it. As with most appeals, the purpose is not to obtain another hearing of the underlying claims. Rather, as a general rule, the losing party only has grounds to appeal if the agency has improperly applied the relevant laws or regulations. Moreover, the facts decided by the Administrative Judge are assumed to be correct unless the record clearly indicates an error.
The EEOC also does not usually accept new evidence on appeal as a general rule. This is in line with the fact that appeals are not simply rehearings. New evidence may be taken if it was not reasonably available at the time of the hearing, but this is a difficult standard to meet.
Procedural Requirements For Appealing
An employee has the right to appeal the decision, including a dismissal of the complaint, by filing an appeal no more than 30 days after receiving the decision. This is a small window of time and you can irreversibly jeopardize your appeal if you file outside of it. The appeal can be filed online using the EEOC’s Public Portal, or it can be mailed or hand-delivered to the agency.
The appealing party should submit a statement that explains the basis for the appeal. Although this is not required, a statement could provide guidance as to what exactly the EEOC got wrong. It may also explain why new evidence is being submitted if the appealing party chooses this route. If the employee decides to send a statement, they must do so within 30 days of the date they file their appeal. The prevailing party may submit its own statement opposing the appeal.
How the EEOC Decides Appeals
The EEOC’s lawyers will review the case file, including:
- Records related to the agency’s investigation
- The decision of the Administrative Judge
- The transcript, which documents what was said at the hearing (if one occurred)
- Any timely statements submitted by the parties
Remember, facts decided by the Administrative Judge are assumed to be true unless clear evidence contradicts them. The EEOC’s Office of Federal Operations will likely make a decision unless the case involves novel legal issues; if the latter applies, the Commission itself will decide.
Strategic Considerations in Appealing the EEOC’s Decision
If the appeal does not achieve the desired outcome, the employee can request a reconsideration of the matter. A request for reconsideration will only be granted if the employee can demonstrate that the decision about the appeal was based on a mistake about the facts or a mistake about the law as it was applied.
Employees who are discriminated against and yet receive an adverse EEOC decision should carefully consider whether an appeal will win them the relief they need. All of the steps above can take a great deal of time, and the employee still may not ultimately prevail.
After exhausting the EEOC remedies, the employee may be able to file a lawsuit. Some employees wish to skip the EEOC process entirely and go straight to federal court. But it’s important to understand that in most cases, an employee will need to have filed an EEOC complaint before being allowed to file a lawsuit. This will take even more time as the case works its way through the courts.
Consult Our Chicago Appellate Lawyer Today
Lastly, employees should think about speaking with an experienced employment discrimination attorney early in the process. While you do not have to retain an attorney, the more involved your case becomes, the more beneficial it will be to have legal representation. That’s where we come in. Whether you have already filed an EEOC complaint or you are contemplating one after experiencing discrimination, call the Keleher Appellate Law Group to learn more about defending your rights.