How do I appeal MSPB?
Appeals may be filed by mail, by facsimile, by commercial overnight delivery, by personal delivery, or by the Board’s electronic filing procedure, e-Appeal Online (https://e-appeal.mspb.gov/). Appeals and other submissions may not be made by email.
What is a mixed case?
Definitions. A “mixed case complaint” is a complaint of employment discrimination filed with a federal agency based on race, color, religion, sex, national origin, age, disability, genetic information, or reprisal related to or stemming from an action that may be appealed to the MSPB.
What is a mixed case EEO?
A “mixed case” occurs when you have the statutory right to challenge an Agency action in two forums with overlapping jurisdiction – the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB).
When to file a mixed case with the MSPB?
If an employee first files a mixed case complaint at the agency and then files a mixed case appeal with the MSPB, the agency should advise the MSPB of the prior agency filing and request that the MSPB dismiss the appeal without prejudice.
What happens if the MSPB does not have jurisdiction?
If the MSPB Administrative Judge finds that the MSPB does not have jurisdiction over the claim, the agency shall recommence processing of the mixed case complaint as a non-mixed case EEO complaint.
What does it mean to file a mixed case appeal?
A “mixed case appeal” is an appeal filed directly with the MSPB that alleges that an appealable agency action was effected, in whole or in part, because of discrimination on the basis of race, color, religion, sex, nat ional origin, disability, age, genetic information, or reprisal.
What does it mean to have a mixed case complaint?
A “mixed case complaint” is a complaint of employment discrimination filed with a federal agency based on race, color, religion, sex, national origin, age, disability, genetic information, or reprisal related to or stemming from an action that may be appealed to the MSPB.
An agency shall inform every employee who is the subject of an action that is appealable to the MSPB and who has either orally or in writing raised the issue of discrimination during the processing of the action of the right to file either a mixed case complaint with the agency or to file a mixed case appeal with the MSPB.
What does it mean to file a mixed case?
A mixed case appeal is an appeal filed with the MSPB that alleges that an appealable agency action was effected, in whole or in part, because of discrimination on the basis of race, color, religion, sex, national origin, disability, age, or genetic information. (b)Election.
What does the CFR say about mixed cases?
29 CFR § 1614.302 – Mixed case complaints. § 1614.302 Mixed case complaints. (1) Mixed case complaint.
What does it mean to have a mixed case appeal?
(2) Mixed case appeals. A mixed case appeal is an appeal filed with the MSPB that alleges that an appealable agency action was effected, in whole or in part, because of discrimination on the basis of race, color, religion, sex, national origin, disability, age, or genetic information.