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9.6 | WHAT HAPPENS AFTER THE ADMINISTRATIVE APPELLATE PROCESS IS OVER?

o EEOC Office of Federal Operations Decides in Your Favor
If you prevailed on a “procedural” appeal, your complaint will most likely be sent back either to the agency or to an EEOC administrative judge for further proceedings, depending on where your complaint was in the EEO process before it was dismissed. A compliance officer in the EEOC Office of Federal Operations will monitor developments to make sure the Agency complies with the orders in the appellate decision.

If you prevailed on a “meritsappeal, your complaint will most likely be sent back either to the agency or to an EEOC administrative judge to determine what type and amount of relief to award you. If you later disagree with the relief you received, you can appeal the relief ordered to the EEOC Office of Federal Operations. A compliance officer in the EEOC Office of Federal Operations will monitor developments to make sure the Agency complies with the orders in the appellate decision.
o EEOC Office of Federal Operations Decides in the Agency’s Favor
If you did not prevail in your case, you may file a civil action in federal district court. The decision issued by the EEOC Office of Federal Operations will provide information on your right to file a civil action.

However, the question of which federal district court may have personal and subject matter jurisdiction to hear your case is legal in nature, and the answer will depend on the specific circumstances surrounding your situation. Additionally, each federal district court may have its own specific rules and procedures and forms for filing civil actions, so you should contact the clerk of that district court to find out what you need to do to file a civil action. Because of these nuances, and because EEOC is an executive branch agency and the federal district courts are part of the judicial branch with its own procedures and legal rules, the EEOC Office of Federal Operations cannot provide complainants specific instructions in its appellate decisions for where or how to file civil actions.

However, some of these resources may be helpful:
• The US Department of Justice publishes a Civil Resource Manual, and one section talks about where civil actions can be brought against government officers and agencies:
https://www.justice.gov/jm/civil-resource-manual-41-venue-government-officers-and-agencies-defendants
• The website for the United States Courts has an FAQ that answers some of the most common questions about filing a case in federal court:
https://www.uscourts.gov/faqs-filing-case
• The United States Courts website has a "federal court finder" where you can search for a federal court by location:
https://www.uscourts.gov/federal-court-finder/search
Congratulations! You're now booked up on Section 9.6 from the EEOC's Guide for Appeal Writing!
You might need to reference it during your pursuit of justice.

For instance, you might need to examine one of these handbooks in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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