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Filling for an EEOC appeal: work with experienced legal advocate

In our last couple posts, we’ve been looking at workplace retaliation and the importance of working with an experienced attorney to address it when it arises. As we noted, the first step in the process, after exhausting the employer’s own grievance process, is to file a complaint with the Equal Employment Opportunity Commission.

Those who file a complaint with the EEOC do have the right to appeal the outcome of the complaint, whether that is a dismissal of the complaint or a final order resulting from the complaint. In the appeals process, an experienced attorney can provide necessary guidance. 

The way the agency handles appeals is to review the complainant’s file in full and essentially give all the materials another look to ensure the decision was correct. No new evidence is considered in an EEOC appeal, unless it can be shown that evidence was not reasonably available when the original decision was made. Beyond an appeal, a complainant is able to request a reconsideration of an appeal, though a reconsideration will only be granted if it can be shown that the decision was based on mistaken facts or a mistaken understanding of the law in the case.

To qualify for an appeal and an appeal reconsideration, certain deadlines must be met and the proper procedure must be followed. Navigating the process and zealously advocating one’s rights is not easy, but an attorney who is knowledgeable and experienced about the EEOC process and the laws the agency enforces can be a critical resource. 

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