Your Right to…

APPEAL

If an individual is dissatisfied with the Final Agency Action issued by the Department of Health and Human Services (HHS), the individual may appeal to the Equal Employment Opportunity Commission's (EEOC's) Office of Federal Operations (OFO) within 30 calendar days of receipt of the Final Agency Action.

FILE A CIVIL ACTION

If an individual does not file an appeal with the OFO, the individual may file a civil action in an appropriate U.S. District Court within 90 calendar days of receipt of the Final Agency Action.

If an individual files an appeal and is then dissatisfied with the OFO's decision, the individual may request reconsideration within 20 calendar days of receipt of the decision; or may file a civil action in a U.S. District Court within 90 calendar days of receipt of the decision on the appeal. A civil action may also be filed if the OFO does not issue a decision within 180 calendar days from the date that the appeal was filed.

Individuals who raise a claim under either the Age Discrimination in Employment Act or the Equal Pay Act may bypass the administrative EEO complaint process by filing a notice of intent to sue with the EEOC at least 30 calendar days before filing a civil action in the appropriate U.S. District Court.