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If you decide to file 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 filing a formal EEO complaint as outlined in your notice of right to file 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 file and a notice advising you that you will receive a merit final Postal Service decision within 45 calendar days. You do not have the option to request a hearing from the EEOC in a mixed-case complaint. For mixed-case complaints, both the investigation and the merit final agency decision should be completed within 120 calendar days of the date you filed your formal complaint.
You may appeal the Postal Service merit final agency decision as follows:
- Within 30 calendar days of your receipt of the final Postal Service decision, you may appeal that decision to the MSPB (not the EEOC). If you appeal the final Postal Service decision to the MSPB, you may request a hearing from the MSPB. You will receive a final MSPB decision.
- If you appealed the Postal Service final agency decision to the MSPB and disagree with the final MSPB decision on your appeal, you may appeal the final 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 file a civil action in district court instead of taking the next step in the administrative appeal process. That is, the complainant may file a civil action within 30 calendar days of his or her receipt of: (1) the final Postal Service decision, (2) the MSPB’s final decision, (3) the EEOC OFO decision, or (4) the decision of the Special Panel.
Note: If you do not receive a Postal Service merit final agency decision within 120 days of the date you filed your EEO mixed-case complaint, you may appeal the matter to the MSPB.
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