Public servants who’ve experienced discrimination can file an Equal Employment Opportunity (EEO) complaint. If the federal worker does not agree with the agency’s investigation, they have 30 days to request an Equal Employment Opportunity Commission (EEOC) before an Administrative Judge.
Many federal workers reach out to The Bell Law Group asking what happens during an EEOC hearing, what to expect during the process, and what damages they can receive as a federal employee. Our EEOC lawyers for federal employees have created this general overview of the process.
This guide is by no means exhaustive, and you likely have additional questions. To discuss an EEO complaint or how to request an EEOC hearing, contact The Bell Law Group today. Consultations are free, confidential, and no-obligation.
Key Takeaways
- EEOC hearings are managed by Administrative Judges, who function as both judge and jury. Federal employees can request an EEOC hearing within 30 days of their agency notifying them that the discrimination investigation is completed.
- If more than 180 days have passed since the EEO complaint and your agency has not completed its investigation, you can request an EEOC hearing anytime.
- It can take several months to more than a year for a federal employee to get an EEOC hearing. There may be additional delays depending on the current caseload and any government shutdowns.
- Summary judgements are also known as decisions without a hearing. An Administrative Judge issues a summary judgement when there is already sufficient evidence to issue a decision and there are no disputes over the central facts of the case.
- Compensatory damages are one of multiple remedies that may be awarded in an EEOC hearing. These damages can cover past and future pecuniary losses (i.e., various out-of-pocket costs to the federal employee) as well as nonpecuniary losses (i.e., emotional harm).
When to Request an EEOC Hearing
A hearing request must be made in writing within 30 days of receiving notice from your agency that the EEO complaint investigation has been completed.
If more than 180 days have passed since the EEO complaint and your agency has not completed its investigation, you can request a hearing at any time.
How to Request an EEOC Hearing After Receiving the Report of Investigation (ROI)
You must send a request in writing to the EEOC field office that has jurisdiction over your complaint. This information should be provided by your agency when you are issued the report of investigation for your EEO complaint. You can also check with your agency’s EEO Office for this information.
For additional information, we encourage you to check the EEOC public portal.
How Long Does It Take to Get an EEOC Hearing Date as a Federal Employee?
It can take several months to more than a year after the initial request for a federal employee to get a hearing before an Administrative Judge. This does not take into account the length of time to complete the investigation of the initial EEO complaint.
There could be additional delays depending on the complexity of the case (e.g., number of documents and witnesses), the judge’s existing workload, and any government shutdowns or other disruptions.
Overview of the EEOC Hearing Process for Federal Employees
Here is a general overview of what to expect during the EEOC hearing process:
- Assigning a Docket Number: Once your case is assigned to an EEOC field office or district, you will receive a docket number.
- Requesting Copies of Your File: The EEOC will request a copy of your file from your agency. The EEOC will also request that you receive a copy of your file if you have not already received one. An Administrative Judge (AJ) will be assigned to your case.
- Judge Reviews the Record: The AJ will review the facts of the case. When material facts are not in genuine dispute, a judgement may be issued without the need for a hearing. (More on summary judgements in a bit.)
- Preparation for the Hearing: During the discovery period, both sides exchange documents, interrogatories, and depositions. Motions may be filed ahead of the hearing as well.
- Opportunity for a Settlement: The AJ may provide opportunities for you and your agency to come to a settlement agreement. Keep in mind that you do not have to accept a settlement just because one is offered.
- The EEOC Hearing Itself: There is no jury during the EEOC hearing, though there are opening statements, witnesses testifying, cross-examinations, and closing statements. The AJ is both judge and jury. Both sides will present their case.
- Administrative Judge’s Decision: The AJ will issue their ruling. The agency will have 40 days to issue a final order stating if it will implement the AJ’s relief. Both parties can file an appeal with the EEOC’s Office of Federal Operations (OFO).
We encourage you to read this EEOC resource on the hearing process for additional information.
The Role of the EEOC Administrative Judge in Federal Complaints
Administrative Judges have several important roles and responsibilities during an EEOC hearing. These include:
- Management of the Case: After the investigation of an EEO complaint, the AJ will handle pre-hearing procedures and scheduling.
- Overseeing Discovery and Evidence: The AJ will help manage the exchange of information between sides and ensure the process runs smoothly.
- Conducting the Closed Hearing: During the actual hearing, the AJ will regulate the conduct of both sides during the process and hear testimony.
- Adjudication and Final Decision: The AJ will issue a summary judgement, render a decision, impose sanctions, and order relief.
In addition to the previous resource, we encourage you to read the EEOC’s answers to common federal sector hearing questions.
Navigating the Discovery Phase: Interrogatories, Document Requests, and Depositions
The discovery process (which lasts 60 to 90 days) allows both parties to gather facts relevant to your federal harassment and discrimination case. The main tools during discovery include:
- Interrogatories, which are written open-ended questions asking for detailed answers relevant to your case, including employment history, the discrimination/harassment allegations, identification of relevant evidence, the names of any witnesses, and co-workers in a similar role and what they experienced.
- Document requests, which are demands for tangible records relevant to your case, including personnel files, emails, additional correspondence, and agency policies.
- Depositions, which are formal spoken interviews with agency officials and witnesses that are conducted under oath before a court reporter.
During discovery, your federal workers’ rights lawyer can provide updates and answers as the process unfolds.
What Are Motions for Summary Judgment in EEOC Cases?
A summary judgement is when an Administrative Judge issues a decision without the need for an EEOC hearing. This is also known as a decision without a hearing.
When Are Summary Judgements Issued in EEOC Cases?
Summary judgements are only issued when:
- There is sufficient evidence already available to issue a decision, and
- There are no notable disputes over the material facts of the EEO case
Both of the above conditions must be satisfied for a summary judgment to be issued.
When only one condition can be satisfied, an EEOC hearing will be held to help clarify evidence, further develop the record, and address disputes over the central facts in order for a decision to be reached.
Can Compensatory Damages Be Awarded at an EEOC Hearing?
Yes, compensatory damages can be awarded at an EEOC hearing. The compensatory damages awarded can cover both pecuniary losses and nonpecuniary losses.
- Pecuniary losses refer to any actual out-of-pocket expenses incurred by the federal employee, such as the cost of job searches, moving costs, and any other treatment or services related to the EEO complaint.
- Nonpecuniary losses refer to the intangible impact of the harassment or discrimination, such as emotional distress, mental anguish, and other kinds of inconveniences that do not have a fixed price tag.
A federal workers’ rights attorney can help you understand how much you could receive in compensatory damages for your case.
In addition to compensatory damages, other remedies may be available as well. For more information on this, we recommend reading the EEOC’s explanation of remedies for the federal sector.
Is the Decision of an EEOC Administrative Judge Binding on the Federal Agency?
Not necessarily. It depends on how the agency acts following the AJ’s decision.
If the AJ finds that discrimination occurred, the agency has 40 days to issue a final order and appeal the judge’s decision.
If the agency does nothing within the 40 days of the AJ’s decision, then the AJ’s decision becomes the agency’s final action in the complaint.
Why You Need a Federal Employee Rights Attorney on Your Side
While the EEOC does not require you to retain an attorney, it’s helpful to work with a federal employee rights lawyer rather than representing yourself. An attorney can evaluate your situation at the outset and determine if you have a strong complaint and how to proceed.
A lawyer can help you avoid common mistakes in EEO discrimination cases that could put your complaint in jeopardy. As the process unfolds, your attorney can also provide answers to all of your questions, even if your case takes several months or longer to resolve.
Why Federal Employees Trust The Bell Law Group
Established in 2002, The Bell Law Group is committed to federal workers and their rights as employees. While our law firm is based in New York, our lawyers represent federal employees located all over the United States and abroad.
- A Focus on Employment Law: The Bell Law Group focuses on employment law matters here in New York and the rights of federal employees all over America and overseas. This includes counsel for Merit Systems Protection Board (MSPB) appeals and assistance with federal disability retirement issues.
- Our Lawyers Have Over 100 Years of Combined Experience: Our workers’ rights lawyers bring more than a century of combined experience practicing law. The attorney at The Bell Law Group can help you understand EEOC procedures and guide you through the hearing process.
- One of Our Attorneys Is a Former EEOC Administrative Judge: Attorney Shayla Sipp has joined our law firm of counsel. She is a former Administrative Judge for the EEOC, and can help us see your situation from all sides of the courtroom, creating a stronger case in the process.
- We Have a Record of Fighting for Federal Workers: The Bell Law Group has a history of advocacy for public servants. This includes a $266,000 verdict for discrimination and retaliation in the VA and an award of over $250,000 for a federal worker discriminated against for her age and race. We encourage you to look through our past case results to see more of the work we’re proud of.
- Consultations Are Free, Confidential, and No Obligation: Many federal employees are afraid of speaking with a lawyer because of the cost and the risk of retaliation. You don’t have to worry with The Bell Law Group. We provide free and confidential case evaluations with no obligation. All details we discuss will remain private.
Learn More About EEOC Hearings and Your Legal Options
If you’ve filed a discrimination or harassment complaint or you need to discuss your EEO matter with an attorney, The Bell Law Group is here to help. To request a free and confidential consultation, contact our employment law firm today.
