WHAT YOU NEED
TO KNOW ABOUT
EEO
Publication 133
November 2018
WHAT YOU
NEED TO
KNOW ABOUT
EEO
Publication 133
November 2018
2 | November 2018 Publication 133
What You Need To Know About EEO
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . 3
EEO Laws . . . . . . . . . . . . . . . . . . . . . . . 4
Administrative Process for
Complaints of Illegal Discrimination . . . . . . . . . 5
Formal EEO Complaint Process . . . . . . . . . . . 10
Requesting a Final Postal Service Decision
or an EEOC Hearing Before the Postal Service
Issues a Final Action . . . . . . . . . . . . . . . . . 14
Appealing the Decision or Filing a Civil Action . . . . 16
Age Discrimination in Employment Act Cases . . . . 18
Equal Pay Act Cases . . . . . . . . . . . . . . . . . 21
Mixed EEO and Merit Systems Protection
Board Cases . . . . . . . . . . . . . . . . . . . . . 21
Withdrawals and Settlements . . . . . . . . . . . . .25
Remedies . . . . . . . . . . . . . . . . . . . . . . . 26
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What You Need To Know About EEO
Introduction
This booklet provides an overview of the Equal
Employment Opportunity (EEO) laws and the EEO
complaint process for the Postal Service
™
. It explains
your rights, responsibilities, and remedies under those
laws and the EEO complaint process. Please read it
carefully.
Although this booklet contains important information,
it does not include all information on discrimination
complaint laws or EEO complaint processing
regulations. Title 29 Code of Federal Regulations (CFR)
Part 1614 contains the regulations on EEO complaint
processing for federal agencies, including the Postal
Service. These regulations are administered by the
Equal Employment Opportunity Commission (EEOC).
You can obtain complete copies of the EEO laws and
29CFR1614 on the Internet at www.eeoc.gov.
This booklet also provides an explanation of the
REDRESS
®
program. REDRESS, an alternative dispute
resolution process, may offer you an opportunity
to request mediation in addition to traditional EEO
counseling. Detailed information about REDRESS is
available on the Internet at http://about.usps.com/
what-we-are-doing/redress/welcome.htm.
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EEO Laws
The following statutes, which are enforced by the
EEOC, make it illegal to discriminate against employees
or applicants for employment on the basis of race,
color, religion, genetic information, national origin, sex
(including pregnancy, sexual orientation, and gender
identity, including transgender status), age (40+), or
physical or mental disability In addition, a person who
les an EEO complaint, participates in an investigation
of an EEO complaint, or opposes an employment
practice made illegal under any of the statutes enforced
by the EEOC is protected from retaliation.
Equal Pay Act of 1963
The Equal Pay Act (EPA) prohibits sex-based wage
discrimination. The EPA prohibits agencies from paying
employees of one sex lower wages than those of the
opposite sex for equal work performed under similar
working conditions.
Title VII of the Civil Rights Act of 1964,
as Amended
Title VII prohibits discrimination based on race, color,
religion, sex, or national origin. Title VII also prohibits
reprisal or retaliation for taking part in the discrimination
complaint process or for opposing any unlawful
employment practice under its authority.
Age Discrimination in Employment Act
of 1967, as Amended
The Age Discrimination in Employment Act (ADEA)
prohibits discrimination in employment based on age
(40 years or older).
Sections 501 and 505 of the Rehabilitation
Act of 1973, as Amended
Sections 501 and 505 of the Rehabilitation Act prohibit
discrimination based on mental and physical disability
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What You Need To Know About EEO
and require agencies to reasonably accommodate
the known physical or mental limitations of qualied
employees or applicants with disabilities.
Civil Rights Act of 1991
The Civil Rights Act of 1991, among other things,
provides monetary damages up to $300,000 in cases
of intentional employment discrimination.
Genetic Information Nondiscrimination
Act of 2008
The Genetic Information Nondiscrimination Act (GINA)
protects applicants and employees from discrimination
based on genetic information. GINA also restricts
employers’ acquisition of genetic information and
strictly limits disclosure of genetic information.
Administrative Process for
Complaints of Illegal
Discrimination
Precomplaint Process
If you are a Postal Service employee or applicant for
Postal Service employment and believe you have
been discriminated against because of your race,
color, religion, genetic information, national origin,
sex (including pregnancy, sexual orientation, and
gender identity, including transgender status), age
(40+), physical or mental disability or in retaliation for
involvement in protected EEO activity, you have the
right to le an EEO complaint with the Postal Service.
You must take part in the EEO precomplaint process
before ling a formal EEO complaint. The purpose of
the precomplaint process is to advise you of your rights
and responsibilities under the EEO process, to identify
your claims, and to try to resolve the matter informally.
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Beginning the EEO Process
in a Timely Manner
To begin the precomplaint process, you must contact
the Postal Service Equal Employment Opportunity
Ofce through the online Postal Service EEO ele
application at https://ele.usps.com or by writing to:
NEEOISO – EEO Contact Center, PO Box 21979,
Tampa, FL 33622-1979, within 45 calendar days of
the alleged discriminatory action, or in the case of
a personnel action, within 45 calendar days of the
effective date of the action. See 29 CFR 1614.105. A
written request to initiate the precomplaint process
will be considered timely if it is postmarked within 45
calendar days of the alleged discriminatory action, or in
the case of a personnel action, within 45 calendar days
of the effective date of the action.
If you request EEO counseling via mail, a package
of EEO information and forms will be sent to you.
After you complete and return the applicable forms
to the address provided, an EEO Alternative Dispute
Resolution (ADR) Specialist will contact you. If you fail
to return the forms within 10 calendar days of receiving
them, the EEO ofce may close the precomplaint
process because the EEO ADR Specialist does not
have enough information to process your counseling
request.
Representation
You may designate a representative at any stage of
the complaint process, including the precomplaint
counseling stage. However, your designation of a
specic representative may not cause unreasonable
delay to the EEO process or unwarranted expense
to the Postal Service. Further, the designation of a
representative that may create a conict of interest may
not be allowed. You must designate your choice of a
representative in writing.
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What You Need To Know About EEO
Official Time
Employee complainants and their designated
representatives, if also employed by the Postal Service,
may expect a reasonable amount of ofcial time to
present the complaint and to respond to agency
requests for information, if they are in a duty status.
The term duty status refers to an employee’s normal
hours of work. What constitutes a reasonable amount
of ofcial time may vary from case to case. However,
with regard to preparation time, reasonable refers to
hours or portions of hours. Employees seeking ofcial
time for EEO-related matters must receive advance
approval from their immediate supervisors.
If Postal Service ofcials or EEOC ofcials require
their attendance, employee complainants and their
designated employee representatives may attend
EEO meetings or hearings on ofcial time. Postal
Service employees seeking ofcial time to attend an
EEO meeting must present written requests within
a reasonable amount of time to their immediate
supervisors before the scheduled meeting.
Maintaining Anonymity
You may remain anonymous during the precomplaint
process. If you request anonymity, the EEO ofce will
honor your request. However, in some instances, such
as certain harassment cases, the EEO ofce is required
to divulge information regarding your precomplaint to
human resources and/or other appropriate ofcials.
Taking Part in the Precomplaint
Process — Counseling
The EEO ADR Specialist explains the EEO complaint
process including time frames, your rights and
responsibilities in the process, and appeal procedures.
The EEO ADR Specialist also works with you to
identify and dene your claim(s). Your claim(s) is(are)
the action(s) that caused you to believe you were
discriminated against. In addition, the EEO ADR
Specialist explains your option to engage in REDRESS
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What You Need To Know About EEO
mediation during the precomplaint process. See the
next section for more information about REDRESS.
The EEO ADR Specialist is a neutral party and is not
permitted to act as an advocate for either you or the
Postal Service.
The EEO ADR Specialist conducts informal counseling
inquiries and does not usually obtain extensive
documentation or written testimony. The EEO ADR
Specialist generally conducts EEO counseling by
telephone, but may conduct it by mail or in person.
During counseling inquiries, the EEO ADR Specialist
usually communicates separately with you and the
other party in the dispute. However, if both parties
agree, the EEO ADR Specialist may communicate or
meet with you and the other party at the same time.
The EEO ADR Specialist makes necessary inquiries
of Postal Service employees and supervisors. He
or she also reviews relevant agency regulations and
documents, including comparative employee data,
to help him or her understand the issues and resolve
the matter. The EEO ADR Specialist cannot reveal the
identity of the comparative individuals.
The goal of counseling is an agreeable resolution to the
issue. In trying to resolve your dispute, the EEO ADR
Specialist may discuss settlement alternatives with you
and the representative of the Postal Service. Settlement
discussions are condential. A willingness to discuss
resolution does not suggest that either party feels that
his or her position is wrong or weak.
■ If the matter is not resolved within 30 calendar days
from the date you led using ele or the postmark
date, if you made your request via mail, the EEO
ADR Specialist may ask you to agree to extend the
counseling period.
■ If the matter is not resolved at the end of the
counseling period, including the extended period
(if you have agreed to it), the EEO ADR Specialist
conducts a nal interview and issues you a notice
of right to le a formal complaint. The notice is
generally issued by mail.
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What You Need To Know About EEO
REDRESS — A Conflict Resolution Process
When you seek EEO counseling, the EEO ADR
Specialist will tell you about REDRESS, an alternative
dispute resolution process that provides an opportunity
for you and the appropriate management ofcial to
discuss your complaint with the help of a professionally
trained mediator. REDRESS mediators are not
employees of the Postal Service. REDRESS mediators
help the parties to identify the core issues of their
dispute and explore possible solutions. Employees
usually nd this opportunity for direct communication
and conict resolution satisfying and effective.
Your participation in REDRESS is voluntary and may
be done on the clock. The Postal Service pays the cost
of the mediator. The mediator keeps everything said in
mediation condential.
Some issues are not appropriate for REDRESS. The
EEO ofce will tell you when the issue you have raised
is inappropriate.
When the EEO ADR Specialist offers you the option to
take part in REDRESS and you agree in writing to do
so, the precomplaint processing period is 90 calendar
days from the date of your initial contact with the
EEOofce.
■ If the matter is not resolved within 90 calendar days,
the EEO ADR Specialist issues you a notice of your
right to le a formal complaint.
■ You may have discussed many issues during
your REDRESS mediation session, but only those
issues that you included in your timely request
for EEO counseling and discussed with the EEO
ADR Specialist may be included in a formal
EEO complaint.
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What You Need To Know About EEO
Formal EEO Complaint Process
Losing Your Right to Anonymity
If you decide to le a formal EEO complaint, your
identity will not be kept condential during the formal
complaint process. When a complaint reaches the
formal stage, the complaint le may be opened to
those parties who are involved and who require access
to it.
Filing a Formal EEO Complaint in a Timely
Manner
To le a formal complaint, you must put your complaint
in writing and sign it. Your attorney, if one represents
you, may sign it instead. If someone who is not an
attorney represents you, you must sign the complaint
yourself and designate your representative in writing.
EEOC regulations require that EEO complaints against
the Postal Service must be led with the Postal Service.
■ You may use PS Form 2565, EEO Complaint of
Discrimination in the Postal Service, to le your
formal EEO complaint.
■ To be timely, you must mail your formal EEO
complaint to the National Equal Employment
Opportunity Investigative Services Ofce (NEEOISO)
postmarked no later than 15 calendar days after
you receive PS Form 2579, Notice of Right to File.
Following is the address to which you must mail
your complaint:
NEEOISO — FORMALS
U.S. POSTAL SERVICE
PO BOX 21979
TAMPA FL 33622-1979
Prohibition Against Using Penalty
Envelopes and Limited Use of Postal
Service Equipment
Do not mail your complaint in a penalty envelope
printed with the ofcial mail emblem to avoid payment
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What You Need To Know About EEO
of postage. If you do, you may be subject to a
$300ne.
Any use of Postal Service computers or ofce
equipment such as photocopiers or facsimile machines
to prepare or send EEO complaint documents must
comply with the Postal Service policy concerning
the limited personal use of ofce equipment and
technology.
Changing Your Mailing Address
If you change your mailing address, notify the EEO
ofce by writing to:
NEEOISO
U.S. POSTAL SERVICE
PO BOX 21979
TAMPA FL 33622-1979
It is your responsibility under EEO regulations to keep
the Postal Service informed of your current address. If
you do not respond to requests or notices are sent to
the wrong address, your complaint may be dismissed.
Receiving Acknowledgment and
Acceptance of the Complaint
The Postal Service’s complaint processing ofce will
send you a letter to acknowledge that your complaint
was received. You also will receive a separate letter
telling you if the claim or claims in your complaint were
accepted for investigation. If your entire complaint
is not accepted, you will receive a letter explaining
the reasons for the dismissal of your complaint and
outlining your appeal rights should you disagree.
(See Appealing the Decision or Filing a Civil Action on
page16.)
If the Postal Service believes that some but not all of
the claims in your complaint should be dismissed,
you will receive a letter outlining the claims that will
be investigated and identifying the claims that will be
dismissed. You may not appeal the dismissed claims at
that time. The letter you receive will explain when and
how you may appeal any dismissed claims.
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Waiting for Investigation of the Complaint
If the Postal Service accepts your complaint or any
part of it, the Postal Service assigns the complaint to
an EEO complaint investigator. The EEO complaint
investigator collects factual information about the
accepted issues and prepares a report. The EEO
complaint investigator is responsible for gathering
evidence. He or she does not take the side of any
of the parties involved in the dispute. Complaint
investigations are performed by contractors who are
not Postal Service employees. The investigative report
does not contain the complaint investigator’s opinion
on the merits of the case or his or her conclusion on a
claim of discrimination.
While your case is in the investigative stage, you may
ask to amend the issues originally accepted so the
report includes an investigation into like or related
issues. Your request must be put in writing and mailed
or delivered to NEEOISO at the following address:
NEEOISO — FORMALS
U.S. POSTAL SERVICE
PO BOX 21979
TAMPA FL 33622-1979
You should make your request within 45 calendar
days of the date of the incident that you believe
was discriminatory, or if a personnel action, within
45calendar days of the effective date of the action. The
Postal Service uses the postmark date to determine the
timeliness of your request. The Postal Service will reply
to your request to amend your complaint.
If you wish to document that the Postal Service
received your amendment request, you may mail it
using Certied Mail,™ Delivery Conrmation,™ or
another service that provides documentation of the
addressee’s receipt of the piece of mail. If you have
more than one complaint at the formal stage, the Postal
Service may consolidate them into one investigation.
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What You Need To Know About EEO
If you are dissatised with the way the Postal Service
is processing your complaint, you may put your
objections in writing and then mail your letter to
NEEOISO at the following address:
NEEOISO
U.S. POSTAL SERVICE
PO BOX 21979
TAMPA FL 33622-1979
You will receive a written response. The Postal Service
will add both your letter of objection and the Postal
Service’s written response to the investigative case le.
The EEO complaint investigator typically completes the
investigation within 180 calendar days of the date the
complaint was led, unless you and the Postal Service
voluntarily agree in writing to extend the time up to an
additional 90 calendar days.
However, if two or more complaints are consolidated
for investigation, or if a complaint under investigation is
amended to include additional like or related issues, the
investigation may continue for up to 360 calendar days
after the ling date of the original complaint.
Cooperating With the EEO Complaint
Investigator
The EEO complaint investigator takes testimony from
relevant persons in afdavit form under penalty of
perjury. Your appointed representative may help draft
the language for your afdavit, but only you can sign it.
Your statement must be true and correct.
The EEO complaint investigator asks you to provide
evidence about the remedies to which you believe you
are entitled. You must provide relevant evidence about
the remedies, including medical reports and other
personal documents.
There are penalties for making false statements.
Section 1001, Title 18 of the United States Code states
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that whoever, in any matter within the jurisdiction of
the executive branch of the United States government,
which includes the Postal Service, knowingly and
willfully does the following:
…falsies, conceals, or covers up by any trick, scheme,
or device a material fact; makes any materially false,
ctitious, or fraudulent statement or representation; or
makes or uses any false writing or document knowing
the same to contain any materially false, ctitious, or
fraudulent statement or entry; shall be ned under this
title or imprisoned not more than 5 years or both.
Providing information that an EEO complaint
investigator requests is mandatory both for you and
any Postal Service employee witnesses. If you do not
provide the information the EEO complaint investigator
requests, your complaint may be dismissed.
Filing Both a Complaint and a Grievance
If you le an EEO complaint and a grievance covering
the same matter, the Postal Service may defer
processing the EEO complaint until the grievance
procedure ends. The Postal Service will notify you in
writing if it decides to defer your case.
Requesting a Final Postal Service
Decision or an EEOC Hearing
Before the Postal Service Issues
a Final Action
When the investigation is complete, you will receive a
copy of the investigative le and a notice explaining
your options at this point in the EEO process. The
notice explains that within 30 calendar days of the
date you receive the investigative le, you may request
either a hearing before the EEOC or a nal Postal
Service decision without a hearing based on the EEO
case le (a merit nal agency decision).
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What You Need To Know About EEO
Procedures for Requesting an EEOC Hearing
To request an EEOC hearing, send your request
directly to the EEOC District or Field Ofce that serves
your geographic area within 30 calendar days of your
receipt of the investigative le. Be sure to send a copy
of your request to the Postal Service NEEOISO ofce
at the same time. The addresses of both ofces will
be included in the letter that you receive with your
investigative le.
If you request a hearing in a timely manner, the Postal
Service will send your EEO complaint le to the EEOC.
The EEOC then decides whether it will conduct a
hearing on some or all of the issues in the case or
whether an EEOC administrative judge will issue a
decision based on the record in the case. In either case
you will receive a decision from an EEOC administrative
judge.
The EEOC administrative judge will send the hearing
record, if applicable, and copies of his or her decision
containing ndings of fact and conclusions of law to
you and to the Postal Service. The Postal Service has
40 calendar days from the date of its receipt of the
administrative judge’s decision to issue you its Notice
of Final Action (nal action) on your EEO case.
The Postal Service’s nal action may be to implement
the administrative judge’s decision, in full or in part,
or to decline to implement the administrative judge’s
decision. If the Postal Service decides that its nal
action will not fully implement the administrative judge’s
decision, then the Postal Service must le an appeal
with the EEOC. The Postal Service will mail its nal
action to you and provide you with applicable appeal
rights within 40 calendar days of its receipt of the
administrative judge’s decision.
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Procedures for Requesting a Postal Service
Decision (Merit Final Agency Decision)
To request a nal agency decision from the Postal
Service without a hearing based on your case le, (a
merit nal agency decision) send your request directly
to NEEOISO within 30 calendar days of your receipt
of the investigative report. The applicable address for
NEEOISO will be included in the notice that you receive
with your investigative le. The Postal Service will issue
a merit nal agency decision on your EEO complaint
with applicable appeal rights within 60 calendar days of
receiving your request.
Procedures When You Fail to Make a
Request
If you do not request either a hearing by the EEOC or
a merit nal agency decision by the Postal Service,
you will receive a merit nal agency decision by the
Postal Service within 60 calendar days of the end of the
30-day period that you were given to respond to the
notice explaining your options.
Appealing the Decision or
Filing a Civil Action
Appealing to the EEOC Office of Federal
Operations
Dismissal
If your entire complaint was not accepted for
investigation and you receive a Postal Service nal
agency decision dismissing it, you may appeal the
dismissal decision to the EEOC Ofce of Federal
Operations (OFO) within 30 calendar days of receipt of
the dismissal.
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What You Need To Know About EEO
Final Agency Action After a Hearing (Decision by an
EEOC Administrative Judge)
After an administrative judge issues a decision without
a hearing or a decision following a hearing, you
should receive a nal action from the Postal Service
regarding the administrative judge’s decision. You have
30calendar days from the date you receive the Postal
Service’s nal action to appeal that nal action or to
appeal the EEOC administrative judge’s decision to
theOFO.
If the Postal Service does not issue a nal action
within 40 calendar days from the date it receives the
administrative judge’s decision, you may appeal the
administrative judge’s decision to the OFO within
30calendar days of the expiration of the Postal
Service’s 40-day review period.
Merit Final Agency Decision After Investigation
If you receive a merit nal agency decision from
the Postal Service following the conclusion of the
investigation, you may appeal that nal agency
decision to the OFO within 30 calendar days of the
date you receive it.
Appeal Form and Process
Send appeals to the OFO on EEOC Form 573,
Notice of Appeal/Petition to the Equal Employment
Opportunity Commission. This form and the address for
the OFO will be provided to you with any nal agency
action or nal agency decision you receive. EEOC
Form573 can also be found at www.eeoc.gov.
You must send a copy of your EEOC Form 573 appeal
to the Postal Service on the same day you send that
appeal to the OFO. You must be able to provide proof
that you sent a copy to the Postal Service. Send the
copy of your EEOC Form 573 appeal to the Postal
Service at the following address:
NEEOISO — APPEALS
U.S. POSTAL SERVICE
PO BOX 21979
TAMPA FL 33622-1979
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Timeliness
If your representative is an attorney, the deadline
for ling an appeal with the OFO begins when your
attorney receives the Postal Service’s nal agency
decision or nal action. If you are not represented by an
attorney during the complaint process, your deadline
for ling an appeal with the OFO begins when you
receive the nal agency decision or nal action.
Filing a Civil Action
You may le a civil action in an appropriate United
States district court:
■ Within 90 calendar days of receipt of either the
Postal Service’s nal action on the complaint or
its nal agency decision provided you have not
appealed to OFO as described above.
■ After 180 calendar days from the date of ling your
formal complaint if you have not led an appeal with
the OFO and the Postal Service has not issued you
a nal action regarding an administrative judge’s
decision or issued you a nal agency decision.
■ Within 90 calendar days after you receive the OFO’s
nal decision on appeal.
■ After 180 calendar days from the date of ling an
appeal with the OFO if the OFO has not issued a
nal decision.
Age Discrimination in
Employment Act Cases
Option to File a Formal EEO Complaint or a
Civil Action
If you believe that you have been discriminated against
based on age (40 years or older), you have the right
to either: (1) le a formal EEO complaint under the
EEO administrative complaint processing procedures
described in this booklet, or (2) bypass the EEO
administrative complaint processing procedures and
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le a civil action in the appropriate United States
District Court pursuant to the Age Discrimination in
Employment Act (ADEA).
Filing an ADEA Civil Action
If you decide to le a civil action, rst you must give
the EEOC a written notice of intent to sue under the
ADEA. You must le the notice with the EEOC within
180 calendar days of the date of the action you
believe to be discriminatory. When you have led the
notice of intent to sue in a timely manner, you must
wait at least 30 calendar days before ling a civil
action.
Notices of intent to sue must be led in writing with
the EEOC. Mail the notice of intent to sue under the
ADEA to:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
OFFICE OF FEDERAL OPERATIONS
FEDERAL SECTOR PROGRAMS
PO BOX 77960
WASHINGTON DC 20013-8960
Alternatively, if the notice is 10 pages or fewer, you
may fax it to: 202-663-7022.
The notice of intent to sue should be dated and must
contain the following information:
1. Statement of intent to le a civil action under
Section 15(d) of the Age Discrimination in
Employment Act of 1967, as amended.
2. Name, address, and telephone number of the
employee or applicant.
3. Name, address, and telephone number of the
complainant’s designated representative, if any.
4. Name and location of the Postal Service facility
where the alleged discriminatory action occurred.
5. Date on which the alleged discriminatory action
occurred.
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6. Statement of the nature of the alleged
discriminatory actions.
7. Signature of the complainant or complainant’s
representative.
Reminder: After the notice of intent to sue is timely
led, you must wait at least 30 calendar days before
ling your civil action.
How long you have after that to le your civil action
depends on the law where your civil action will be led,
so it is important that you consult with an attorney to
make sure your civil action is led on time.
Filing a Formal EEO Complaint
Under the ADEA
If you choose to le a formal EEO complaint under
the EEO administrative complaint processing
procedures, you must complete certain steps in the
EEO administrative process before you may le a civil
actionin a United States District Court. You may le
a civil action in an appropriate United States District
Court only:
■ Within 90 calendar days of receipt of either the
Postal Service’s nal action on the complaint or
its nal agency decision, provided you have not
appealed to OFO.
■ After 180 calendar days from the date of ling your
formal complaint if you have not led an appeal
with the OFO and the Postal Service has not issued
you a nal action regarding an administrative judge
decision or issued you a nal agency decision.
■ Within 90 calendar days after you receive the OFO’s
nal decision on an appeal.
■ After 180 calendar days from the date of ling an
appeal with the OFO if the OFO has not issued a
nal decision.
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Equal Pay Act Cases
You may le an Equal Pay Act (EPA) wage
discrimination lawsuit in a court of competent
jurisdiction without ling a sex-based administrative
complaint under the EPA or Title VII. Alternatively,
you may choose to le a sex-based administrative
complaint of wage discrimination with the Postal
Service under the EPA, Title VII, or both.
Mixed EEO and Merit Systems
Protection Board Cases
Definition of Mixed Case
A mixed case occurs when an employee has an action
that is appealable to the Merit Systems Protection
Board (MSPB) and also is appealable through the EEO
complaint process because the employee claims the
action was taken as the result of discrimination based
on race, color, religion, genetic information, national
origin, sex (including pregnancy, sexual orientation,
and gender identity, including transgender status),
age (40+), physical or mental disability or in retaliation
for involvement in protected EEO activity If you have
a mixed case, you have the option of ling a mixed-
case appeal with the MSPB or ling a mixed-case EEO
complaint with the Postal Service, but not both.
Examples of Mixed Cases
The following actions are appealable to the MSPB by
Postal Service employees:
■ Failure to restore to duty after full or partial recovery
from a compensable work-related injury.
■ Adverse personnel action against an employee with
1 or more years of current continuous service in the
same or a similar position and who is one or both of
the following:
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■ Eligible for veterans’ preference.
■ An employee covered by Public Law 100-90,
Postal Employee Appeal Rights Act of 1987,
which includes postmasters, employees
in supervisory positions, a limited group of
management employees, and some employees
in condential positions.
Adverse personnel actions include:
■ Suspension of more than 14 days.
■ Reduction in grade, pay, or both.
■ Furlough of 30 days or less.
■ Constructive discharge.
■ Removal.
■ Reduction in force (only if the employee is a
preference eligible).
If any of these actions occurred and you believe the
Postal Service acted because of discrimination, you
have a mixed case.
Processing Mixed-Case Complaints
You may receive precomplaint counseling on mixed-
case issues, but you may not le both a formal EEO
mixed-case complaint with the Postal Service and a
mixed-case appeal with the MSPB at the same time.
What you choose to do rst, that is, le an appeal with
MSPB or le a formal EEO complaint of discrimination,
determines where and how your claim is processed.
Filing a Mixed-Case Appeal With the MSPB
If you are eligible to le an appeal with the MSPB,
and you decide to do so, you must le your appeal
within 30 calendar days of the adverse disciplinary or
personnel action involved. Additional information on
how to le an MSPB appeal can be found at
www.mspb.gov.
If you le a mixed-case appeal and it is accepted by
the MSPB:
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What You Need To Know About EEO
■ You may request a hearing from the MSPB. You will
receive a nal MSPB decision.
■ You may appeal the nal MSPB decision regarding
the alleged discriminatory act to the EEOC OFO.
You will not receive a hearing by the EEOC on your
appeal — you will receive a written EEOC OFO
decision.
■ If the EEOC OFO written decision on your appeal
differs from the nal MSPB decision, and the
MSPB does not adopt the EEOC’s decision on
your appeal, the matter will be referred to a Special
Panel.
■ At each of the appeal steps shown above, the
complainant may choose to le a civil action
in district court instead of choosing the next
administrative appeal step. That is, the complainant
may le a civil action within 30 calendar days of his
or her receipt of: (1) the nal MSPB decision, (2)the
EEOC OFO decision, or (3) the decision of the
Special Panel.
■ If your appeal is dismissed by the MSPB for lack of
jurisdiction, you will have the right to process your
discrimination complaint through the formal EEO
complaint process.
Filing a Mixed-Case EEO Complaint With
the Postal Service
If you decide to le a formal mixed-case EEO complaint
with the Postal Service you must participate in the
precomplaint process. If your issues are not resolved
in the precomplaint process, then you must follow the
usual procedures for ling a formal EEO complaint as
outlined in your notice of right to le a formal complaint.
If your formal EEO complaint is accepted, it will be
assigned to an EEO complaint investigator. After the
investigation is completed, you will receive a copy of
the investigative le and a notice advising you that
you will receive a merit nal Postal Service decision
within 45 calendar days. You do not have the option
to request a hearing from the EEOC in a mixed-case
24 | November 2018 Publication 133
What You Need To Know About EEO
complaint. For mixed-case complaints, both the
investigation and the merit nal agency decision should
be completed within 120 calendar days of the date you
led your formal complaint.
You may appeal the Postal Service merit nal agency
decision as follows:
■ Within 30 calendar days of your receipt of the
nal Postal Service decision, you may appeal that
decision to the MSPB (not the EEOC). If you appeal
the nal Postal Service decision to the MSPB, you
may request a hearing from the MSPB. You will
receive a nal MSPB decision.
■ If you appealed the Postal Service nal agency
decision to the MSPB and disagree with the nal
MSPB decision on your appeal, you may appeal the
nal MSPB decision regarding the discrimination
aspects of your case to the EEOC OFO.
■ If the EEOC OFO written decision on your appeal
differs from the MSPB decision, and the MSPB
does not adopt the EEOC OFO decision on your
appeal, the matter will be referred to a Special
Panel.
■ At each of the appeal steps shown above, the
complainant may choose to le a civil action
in district court instead of taking the next step
in the administrative appeal process. That is,
the complainant may le a civil action within
30calendar days of his or her receipt of: (1) the
nal Postal Service decision, (2) the MSPB’s nal
decision, (3) the EEOC OFO decision, or (4) the
decision of the Special Panel.
Note: If you do not receive a Postal Service merit nal
agency decision within 120 days of the date you led
your EEO mixed-case complaint, you may appeal the
matter to the MSPB.
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What You Need To Know About EEO
Withdrawals and Settlements
You may withdraw or settle a complaint at any stage of
the process.
Withdrawing a Complaint
If you decide to withdraw a complaint, put your
withdrawal in writing and sign it. If you are withdrawing
your complaint during the precomplaint process, mail
your written withdrawal to the EEO ADR Specialist who
counseled you. If you withdraw your complaint during
the formal complaint process, mail your withdrawal to:
NEEOISO
U.S. POSTAL SERVICE
PO BOX 21979
TAMPA FL 33622-1979
Settling a Complaint
Postal Service practice is to settle complaints
informally through good faith negotiation and mutual
agreement whenever possible and practicable. When
you agree to settle a complaint, you are agreeing that
you have received something that has value to you—in
other words, something that has merit, desirability, or
importance to you.
■ If you wish to do so, you may seek the advice of an
attorney or other qualied representative before you
agree to settle your EEO complaint.
■ If you agree to settle a complaint based on one
or more stipulations, these must be written
down, agreed on, and signed both by you and a
management designee.
■ EEOC regulations specify the procedures to follow
if either party comes to believe the settlement
agreement has been breached. Read the EEOC
settlement agreement procedures for further
information or consult the EEO ofce.
26 | November 2018 Publication 133
What You Need To Know About EEO
Offer of Resolution
The Postal Service may make an offer to resolve your
EEO complaint by providing you appropriate relief.
Such an offer is made in writing and explains the
consequences of rejecting it. If you reject an offer,
your rejection could serve to limit the Postal Service’s
liability for attorney’s fees and other compensation
from the date of the offer of resolution forward if there
is a nding of discrimination in your EEO case.
Remedies
If there is a nding of discrimination in your EEO case,
the remedies may include requiring the Postal Service
to:
■ Post a notice to all employees advising them of
their rights under the laws the EEOC enforces and
their right to be free from retaliation.
■ Take corrective or preventive actions to cure or
correct the source of the identied discrimination.
■ Nondiscriminatorily place you in the position you
would have occupied if the discrimination had not
occurred.
■ Pay compensatory damages (may not exceed
$300,000).
■ Pay back pay (with interest if applicable) and lost
benets.
■ Pay some or all of your attorney’s fees.
■ Stop the specic discriminatory practices involved.
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What You Need To Know About EEO
Remedies Not Available to You
Under the Law
The following remedies are not available to federal
employees in discrimination cases:
■ Punitive damages.
■ Attorney’s fees during the administrative
process if:
■ The fees are incurred before you le a formal
complaint, unless the complaint goes to a
hearing, the administrative judge nds in your
favor, the Postal Service decides not to carry
out that decision and appeals to EEOC, and
EEOC agrees with the administrative judge.
■ You fail to notify the Postal Service that an
attorney is representing you.
■ Your nding of discrimination is based only
on age or is based only on an Equal Pay Act
claim.
■ Compensatory damages if discrimination is found
only on the basis of age or only on the basis of the
Equal Pay Act.
■ Compensatory damages if discrimination is
found based on a failure to provide a reasonable
accommodation under the Rehabilitation Act if the
Postal Service made a good faith effort to provide
a reasonable accommodation.
Interim Relief
If you prevail before an administrative judge in an
EEO complaint involving termination or indenite
suspension and the administrative judge orders
retroactive restoration, you are entitled in most cases
to return to work temporarily if the Postal Service
appeals the administrative judge’s ruling, pending
the outcome of the Postal Service’s appeal. You may
decline this interim relief if you wish.
28 | November 2018 Publication 133
What You Need To Know About EEO
If you want to return, the Postal Service could
decide that returning you to the workplace during
its appeal would be unduly disruptive. If the Postal
Service makes that determination, its decision is
not reviewable, but the Postal Service would still be
required to provide you with the pay and benets you
would have received had you actually returned to
work while the Postal Service’s appeal is pending.
Your Duty to Mitigate Back Pay Awards
If you are awarded back pay, you must provide
information about your efforts to secure other
employment during the entire back pay period.
If you prevail in an EEO complaint involving
separation or indenite suspension, and you return to
work for the Postal Service, you are not required to
provide any information about your inability to secure
other employment during the rst 45 calendar days
of your separation or suspension. After that time
period, your back pay will be reduced to reect:
■ Salary you earned or could have earned through
reasonable diligence during the period of
separation or indenite suspension.
■ Salary you could not have earned during any
period in which you were not ready, willing, and
able to return to duty because you were ill or
injured.
■ Salary for any period during which you were
unavailable to return to duty for reasons that are
not related to unlawful discrimination.
© 2018 UNITED STATES POSTAL SERVICE
PSN 7690-03-000-4279
