Filing an appeal with the Equal Employment Opportunity Commission (EEOC) might sound intimidating. However, if you’ve received a Final Agency Decision (FAD) that doesn’t sit right, or an unfavorable decision by an EEOC judge, the EEOC’s Office of Federal Operations (OFO) gives you a path forward. You can file an OFO appeal as a federal employee to challenge that decision without restarting your case from scratch.
The OFO appeals process is technical and time-sensitive. But with the right approach and attorney, the outcome can shift in your favor. The Federal Employment Law Firm of Aaron D. Wersing PLLC is dedicated to helping federal employees do just that with clarity, strategy, and compassion.
What Is the OFO Appeal Process for Federal Employees?
The OFO appeal process for federal employees allows you to contest an agency’s final ruling in your discrimination case. An OFO appeal doesn’t mean you reopen every detail of your case. Instead, it asks the EEOC to review whether the agency made a legal or factual error.
There are three basic steps to the OFO appeal process:
- You submit a notice of appeal and supporting evidence and arguments;
- The OFO reviews your case and the agency’s findings; and
- The EEOC may affirm, reverse, modify, or remand the decision.
For employees, winning an OFO appeal can mean a second chance at justice, potentially resulting in reinstatement, back pay, or other corrective actions. However, success depends on presenting strong legal arguments and clear evidence that the agency mishandled the case.
At The Federal Employment Law Firm of Aaron D. Wersing, we know how to help craft federal appeals that speak the EEOC’s language and stand up under scrutiny.
What Documents Are Needed for an OFO Appeal?
When preparing your case, knowing which documents are needed for an OFO appeal is key. Essential documents include:
- A copy of the Final Agency Decision (FAD),
- EEOC Form 573 (Notice of Appeal), which can be filed electronically on the EEOC Public Portal,
- Your written statement (i.e., appeal brief), and
- Any supporting documents, such as agency policies or prior filings.
If you leave something out, the EEOC may never complete your appeal. A seasoned attorney can help ensure that your paperwork is correctly submitted.
What Are the Common Mistakes in OFO Appeal Filings?
Even strong cases can unravel because of errors. Some common mistakes in OFO appeal filings that can jeopardize a case include:
- Missing the 30-day filing window,
- Forgetting to sign or date your forms,
- Omitting details about the FAD, and
- Submitting arguments without legal grounding.
Winning an appeal isn’t simply a matter of effort; it’s a matter of precision. Procedural missteps at this stage can result in a complete loss of your right to appeal.
Understanding the EEOC OFO Appeal Form and Requirements
The EEOC OFO appeal form and requirements seem simple, but they demand rigorous attention.
To start, fill out and sign EEOC Form 573. Then, attach your FAD and any supporting materials or documents. You can submit your appeal by mail or through the EEOC Public Portal. Be sure to keep a copy of the form, as well as proof of submission for your records. Your submission must be complete to be considered—partial filings are often dismissed.
What Is the EEOC OFO Appeal Timeline for Federal Workers?
Here are some key points in the EEOC OFO appeal timeline that federal workers should know about:
- Filing deadline. You have 30 calendar days from receiving the FAD to file an appeal.
- Late filings. Late appeals are only accepted under limited circumstances and require showing evidence of good cause for the delay.
- Response time. Once filed, the OFO’s review may take several months.
You typically only have one chance to appeal. Filing on time and filing correctly gives your appeal its best chance.
OFO Appeal Process for Federal Employees: FAQs
When Should I File an OFO Appeal as a Federal Employee?
Within 30 days of receiving your FAD or EEOC initial decision.
What Types of Cases Qualify?
Claims of discrimination, retaliation, or harassment under Title VII, the ADEA, the Rehabilitation Act, and similar laws.
Is There a Fee?
No. The OFO does not charge a fee to file an appeal.
What Happens After I File My Appeal?
The EEOC may affirm, reverse, or return the case for further review (i.e., remand).
Can I File More Documents Later?
In an OFO appeal, you generally have 30 additional days after filing the appeal itself to file your supporting evidence. This is not true when filing an OFO reconsideration appeal, in which both the appeal and all evidence should be filed together.
The Federal Employment Law Firm of Aaron D. Wersing PLLC Can Help
The Federal Employment Law Firm of Aaron D. Wersing PLLC helps clients fight against discrimination, wrongful suspensions, and hostile work environments nationwide. What sets us apart from other law firms? With years of experience handling EEOC, MSPB, OSC, and disability retirement claims, Aaron Wersing knows federal employment law inside and out.
If you’re facing the aftermath of a flawed FAD and are unsure where to turn, we’re here to help. Our firm doesn’t treat federal employment law as a side practice—it is our primary focus and area of deep, ongoing dedication. Contact us today for a consultation, and let us guide you through your appeal with strength, strategy, and support.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
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