What happens if I appeal a case involving an allegation of discrimination to the Equal Employment Opportunity Commission?
In a case appealable to the Board that involves an allegation of discrimination (a “mixed case”), you may ask the EEOC to review the Board’s final decision on the discrimination issue. If the EEOC disagrees with the Board’s decision on the discrimination issue, the case is returned to the Board. If the Board does not adopt the EEOC decision, then the case is referred to a Special Panel made up of a Chairman appointed by the President, one member of the Board, and one EEOC commissioner. The Special Panel issues the final decision in the case, which then may be appealed to an appropriate U.S. district court.
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