(if applicable): N/AĬheck which brief this is: ☒ BRIEF IN SUPPORT OF APPEAL ☐ BRIEF IN OPPOSITION TO APPEAL A coversheet should have: the names of the parties, the Agency Complaint Number, an EEOC Hearing Number (if applicable), and the EEOC Appeal Number. Coversheetīecause the filing of the appeal and brief can happen separately, a coversheet with identifying information helps ensure that your brief will be paired with the right appeal. There is no required format for briefs, but you may find it helpful to organize your brief into the following sections. If you mail your brief to EEOC, you must also mail a copy of your brief to the agency at the same time. Even if you did not file your appeal using the Public Portal, you may still file your brief using the Portal. If you use the Public Portal to submit your brief, the Public Portal will automatically notify the agency you do not need to send a copy of the brief to the agency. The EEOC Public Portal is a secure, web-based application that allows individuals with discrimination complaints against the federal government to submit and receive documents supporting their appeal. How to File Your Brief Online through the EEOC Public Portal ( ) You must file your brief at the same time as you file your request for reconsideration. If you request the EEOC reconsider one of its prior appellate decisions, you can submit a brief or statement to support your request for reconsideration. Brief or statement in support of a request for reconsideration.If you mail your brief, EEOC will consider the postmark date as the date that you filed your brief. If the agency files an appeal and a supporting brief, you may file a brief in opposition to the appeal within 30 calendar days from when you receive the agency’s brief in support of its appeal. Brief or statement in opposition to the appeal.Brief or statement in support of the appeal.Ī brief in support of an appeal must be filed within 30 calendar days of filing the appeal.This brief responds to the arguments raised in the brief in support of an appeal (when filed by a complainant it is responding to an appeal by the agency) and sets out arguments that the previous decision was correct and should be affirmed or not changed. A brief or statement in opposition to the appeal.This brief usually sets out the history of the case, explains to the EEOC Office of Federal Operations the mistake or error made in the previous decision, and argues why the previous decision should be reversed or changed in some way. A brief or statement in support of the appeal.Two briefs may be filed during the appeals process: General Information About Appeal Briefs and Due Dates What Is an Appeal Brief?Īn appeal brief is an optional written document where the parties explain to the EEOC Office of Federal Operations why a federal agency or EEOC Administrative Judge made a mistake or decided the case correctly in an earlier decision. You will find general information, such as time requirements for filing briefs, as well as helpful suggestions for organizing, formatting, and writing a brief. The purpose of this guide is to help unrepresented complainants (complainants who are not represented by an attorney) prepare written arguments called appeal briefs to EEOC’s Office of Federal Operations. What Happens After You File Your Appeal and Brief?Īttachment I: Sample Brief for a Procedural Dismissal (Word file)Īttachment II: Sample Brief for a Merits Decision (Word file) I. General Information About Appeal Briefs and Due Datesīackground Information on Discriminatory Actions Procedural History of EEO Complaint(s)Īctions that EEOC Should Take in This Appealīriefs Involving Appeals from Procedural Dismissalsīriefs Involving Appeals from Final Agency Decisions/Final Orders on the Meritsīriefs Involving Breach of Settlement Agreements or Agency’s Failure to Implement Its Decisionīriefs in Support of Requests for Reconsideration For legal advice, please contact an attorney. This guide is for informational purposes only and does not constitute legal advice.
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