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Federal Employees: You be the Judge


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sunnyday  
#1 Posted : Monday, May 18, 2020 5:55:15 PM(UTC)

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Per EEOC AJ's order, Agency should provide its FAD in early May 2020. However, Agency has refused doing so despite my reminder.


The AJ's order states that "The Agency is ordered to issue the final agency decision to Complainant pursuant to 29 C.F.R. §1614.110(b), no later than 60 days from receipt of this Memorandum and Order of Dismissal. Failure to comply in full with the 60-day requirement may result in sanctions in accordance with 29 C.F.R. §1614.109(f)(3)."

The reason I withdrew my request for a hearing and requested FAD was to prevent my second EEO case to be dismissed again (the same AJ was assigned for my two cases).

Please advise what I can without a FAD. Many thanks!!

frankgonzalez  
#2 Posted : Tuesday, May 19, 2020 2:48:16 AM(UTC)
frankgonzalez

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We are not even out of May yet...once June arrives, THEN you may push the issue. If there is a real delay (not simply "we are halfway through May and they were supposed to have one by early May!"), then you can file in District court or with EEOC/OFO. I'd suggest hiring an attorney for at least a consult on the issue (and whether they think you have a strong case or not...a good attorney will tell you if there is a high probability of losing or if you have a strong case, and won't make any guarantees as you never know with a judge or jury!).
You should have voted Cthulu...the greatest of all Evils
sunnyday  
#3 Posted : Tuesday, May 19, 2020 9:05:17 AM(UTC)

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The AJ issued an order on March 6, 2020. The 60-day ended on May 5, 2020. Late April 2020, I reminded Agency's attorney about the deadline of their FAD. The Agency's attorney completely ignored my reminder.
frankgonzalez  
#4 Posted : Tuesday, May 19, 2020 12:28:30 PM(UTC)
frankgonzalez

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Originally Posted by: sunnyday Go to Quoted Post
The AJ issued an order on March 6, 2020. The 60-day ended on May 5, 2020. Late April 2020, I reminded Agency's attorney about the deadline of their FAD. The Agency's attorney completely ignored my reminder.
And the reality is Covid-19 began it impact on the DC area around the time the order was issued..and a court is likely to give them some more time to complete it, especially with the fact that Covid19 as impacted operations across the federal government.

I would reach out to the Agency's EEO office (as they would be the office that is writing and issuing the FAD) as the agency general counsel is not involved with that aspect (and that may be why they didn't respond to you...poor etiquette though). They may be able to tell you where it is at and how long to expect it.

You should have voted Cthulu...the greatest of all Evils
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