How do you appeal an EEOC complaint?


Quick Answer

An Equal Employment Opportunity Commission complaint can be appealed by submitting EEOC Form 573 Notice of Appeal/Petition to the EEOC's Office of Federal Operations located in Washington, D.C., according to the EEOC. The form may be submitted by mail, fax or in person. If mailed, the postmark date is the filing date.

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Full Answer

Faxed appeal forms cannot exceed 10 pages, notes the EEOC. Appeal forms delivered in person must be given to the agency directly, and the delivery must be certified. The appeal must be filed within 30 days of a party receiving the final order.

Submitting a statement either supporting or opposing the appeal is optional, explains the EEOC. Statements supporting the appeal must be sent within 30 days of the appeal's submission. Statements opposing the appeal must be received by the EEOC within 30 days of the party receiving a statement supporting the appeal from the opposing party. Statements that are mailed are considered sent on the postmark date. Requests for extension of the time limit must be faxed to the EEOC Office of Federal Operations before the 30-day time period expiration.

To decide the case, EEOC lawyers review the contents of the entire file, including the EEOC's investigation, the Administrative Law Judge's decision, hearing transcripts and appeal statements submitted by the parties, states the EEOC. The appellate decision represents the EEOC's official position on the case. The EEOC's decision can be appealed to the U.S. Federal Courts.

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