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EEOC Informal Discussion Letter
The revised form, however, moves this information to Appendix A of the document, which the EEOC believes employees are less likely to read. Instead of referencing 29 C.
We hope this information is helpful to the MSPB as it assesses proposed changes to its appeal form. This letter is an informal discussion of the noted issue and does not constitute an official opinion of the Commission.
It also would bring greater consistency to the headings in this section. In a mixed case, a federal employee alleges that an agency personnel action appealable to the MSPB was based on unlawful discrimination otherwise subject to EEOC jurisdiction.
Part and its appendix. Fourth, the EEOC believes that the bullet would better inform the public by referencing the laws implicated in unlawful discrimination claims in its heading.
To make this change, we first recommend editing the heading on this page to read as follows: The EEOC enforces the federal laws that prohibit employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, and genetic information. Return to Home Page. It further requires employees to submit, if applicable, a copy of the formal discrimination complaint and final decision, which would help MSPB determine whether the employee elected a mixed case complaint or a mixed case appeal and whether it has jurisdiction.
To increase the likelihood that appellants provide the information requested by MSPB so that it might identify whether a mixed case complaint or mixed case appeal has been filed and apply the appropriate procedures, the EEOC suggests inserting the following, or similar, language to the end of the instructions in Part 2 page 3 of the revised form:.
Most notably, the regulations provide a regime to avoid duplication of efforts, and also a method to ensure that a forum remains open for pursuing discrimination claims firm the MSPB reject jurisdiction.
Msob you have any questions or otherwise wish to discuss, please feel free to contact Assistant Legal Counsel Corbett Anderson ator Senior Attorney Advisor Raymond Peeler at Therefore, we suggest editing the mxpb to read as follows: We believe this disclosure appropriately alerts appellants alleging employment discrimination of the need to read Appendix A without increasing the complexity of the form.
Including marital status and political affiliation in the list of EEOC-enforced discrimination prohibitions conflates mixed case procedures with some other MSPB appeal procedures and may confuse stakeholders concerning the appropriate procedures to follow. EEOC Office of Legal Counsel staff members wrote the following letter to respond to a request for public comment from a federal agency or department.