EEOC allows federal agency attorneys to participate in EEO process. The Agency filed an appeal to the Equal Opportunity Commission’s (EEOC) holding arguing there was 1) a clearly erroneous interpretation of material fact of law or 2) the decision will have a substantial impact on the policies, practices or operations of the agency, when the appellate decisions did not clearly establish that agencies are prohibited from providing representation to its agents during EEO investigations. The EEOC’s Office of Federal Operations (OFO) ruled that the Agency had met their burden of proof and granted the Agency’s motion, explicitly holding that “MD-110 permits agency defense counsel to participate in the pre-complaint and investigative stages under clearly defined and controlled conditions…”

Annalee D. v. General Services Administration, EEOC Request No. 2019000778 (Nov. 27, 2019)

This case is important as it shows the EEOC is willing to allow Agency attorneys to have some involvement in the EEO process. If a federal agency has its attorneys involved in the EEO process, then federal employees should certainly consider having an attorney represent them in the EEO process. Kirk J. Angel is an experienced attorney who represents federal employees throughout the US. Federal employees can sign up for a free 15 minute consultation with Attorney Angel right on this website. Set your consultation today!