What can you do if the EEOC dismisses your complaint?

On Behalf of | Jul 23, 2022 | Sex Discrimination |

If you file a complaint for sex discrimination, but the case does not end in your favor, you may feel like you did not receive justice.

According to the EEOC, you can file an appeal.

How can you file an appeal?

You have a right to file an appeal with supporting documents to the EEOC. You can do this through the mail or via the Public Portal online. When filing a request, you cannot submit new evidence to the case except under one condition. If you could not reasonably access the evidence during the original decision, you may be able to offer it later.

You do not have to submit a statement that supports your appeal, but you have permission to do so. Additionally, you can choose to send it later if you send it within 30 days of filing the appeal. The date of the postmark is the date the EEOC uses as the day you file the statement. You can also request an extension through the Public Portal or by mailing it. You must send the extension request before the 30 days pass to submit a statement.

What happens during the appeal?

During the appeal, the EEOC lawyers will look over your entire file, including the investigation, transcript of the hearing and the judge’s decision. If the record shows the Administrative Judge made errors, then the court will not take the facts as correct. The EEOC’s Office of Federal Operations determines appellate decisions unless the EEOC did not previously issue the decision. Following an appeal, the agencies responsible must give you the award in the time specified by the EEOC.

During an appeal, you can check out the status of it online or contact the EEOC Call Center throughout the appeal.


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