EEOC had jurisdiction once the MSPB dismissed discrimination case. Complainant, a federal employee, filed a complaint against the Agency alleging employment discrimination on the basis of race, national origin, sex, color, and reprisal.
The Agency issued a final decision stating Complainant had failed to prove the Agency had subjected her to discrimination as alleged. However, the decision provided the Complaint with MSPB appeal rights. The Complainant filed an appeal with the MSPB and appealed the FAD to the EEOC’s Office of Federal Operations (OFO). The OFO found that the EEOC had jurisdiction since the MSPB had dismissed the Complainant’s appeal. As a result, the OFO held that the complainant now had the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision.
Cathy V. v. Dep’t of Health and Human Services, EEOC Appeal No. 0120180641 (Aug. 6, 2020) https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf
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