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.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
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.
What is the timeframe to file a claim with the Merit Production Board