Q&A Session: Filing with MSPB v. EEOC


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I filed a case with Merit Systems Protection Board (MSPB), but I believe it will be dismissed for lack of jurisdiction. If the MSPB dismisses my case, can I appeal the discrimination claims to the Equal Employment Opportunity Commission (EEOC)?


You have described a mixed case. So long as you raised your discrimination claim as a part of your MSPB appeal, you may continue with EEO processing if the MSPB appeal is dismissed for lack of jurisdiction. Mixed cases are complicated, so make sure you coordinate with your agency’s EEO office.


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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.


  1. Guess how many EEO federal sector complainants’ counsel were asked about or allowed to comment on HECAPS!

    Exactly none. contact alma.anderson@EEOC.gov and ask her why our input has been shunned by the EEOC and why only Agency counsel have been allowed to comment.

    Just one more example that the organization finds it soooo annoying to have to bother with us. How much easier and quicker hearings would be if claimant and counsel were not admitted.

    And, why would an AJ ignore a report that a witness had given false testimony? Duty of candor to the tribunal? gotta get them to listen to satisfy your professional responsibility duty. but if they ignore that, well, then what??

    Did you know that the EEOC web site does not disclose who appoints AJ’s or what training they receive? Is that transparency in Government? Not.

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