What Is the OFO?
The OFO, or the Office of Federal Operations, is part of the U.S. Equal Employment Opportunity Commission (EEOC) and handles requests for appeals on EEOC final decisions, including final orders dismissing a complaint. For example, suppose you have filed a discrimination complaint with the EEOC, and you disagree with their final decision. In that case, you can appeal that decision with the OFO, requesting that the decision be reconsidered.
The OFO handles appeals of all EEOC discrimination cases, including those pertaining to:
- Race
- Color
- Religion
- Sex
- National origin
- Age
- Disability
- Genetic information
Though the total process of appealing an EEOC decision can be time-consuming, the early stages of the OFO appeals process can move quickly. Furthermore, you only have a limited window in which you can file an appeal after you receive a decision on your initial EEOC claim.
Below we review the key elements of an OFO appeal and what you need to do to file an appeal. Keep reading to learn more.
The OFO Appeals Process
OFO appeals must be filed within 30 days of receiving the final decision. This is done by submitting EEOC Form 573, Notice of Appeal/Petition. After you have filed your Form 573, you have 30 days to submit a statement in support of your appeal (if needed, you may request more time to submit your statement, but you must make this request before the initial 30 days lapse. Though a statement of support is not required, it is strongly recommended.
The OFO appeals process can be difficult to navigate. With this in mind, it is always recommended that you consult with an EEOC appeals attorney, like ours at John P. Mahoney, Esq., Attorney at Law.
Once the OFO receives an appeal request, their attorneys will review the entire file associated with the case. This will include the EEOC investigation, the final decision, and transcripts of any hearings that were held. They will also review statements submitted by the parties involved in the appeal, both supporting and opposing statements.
Note: The OFO does not consider new evidence on appeal except in situations where the party presenting the new evidence can demonstrate that the evidence wasn’t readily available when the initial decision was made.
What Happens if the Agency Doesn’t Adhere to the EEOC’s Appeal Decision
If relief is awarded after an appeal, the agency involved must provide that relief (unless the agency has an open appeals case associated with that award still being decided by the EEOC). Typically, when the EEOC issues relief upon appeal, there will be a timeframe within which the agency must comply. If they fail to do so, you may be able to file for enforcement either with the EEOC or through a lawsuit.
What Happens If I Disagree with the Appeals Decision?
If you have received a decision from the EEOC on your appeal and you disagree with that decision, you have the option to request that they reconsider. This request must be filed within 30 days of the receipt of the initial appeals decision. However, it’s important to note that reconsiderations can only be requested when you are able to demonstrate that there was an error made (either in the facts of the case or how the law was applied) when the initial appeals decision was made.
Before requesting a reconsideration, it is recommended that you consult with a knowledgeable attorney. If you believe you have grounds to request a reconsideration of an OFO appeal, contact our law firm to discuss your case.
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