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EEOC orders mixed case to be investigated as non-mixed.  Complainant, an employee of the VA, timely appealed a “mixed” case to the Merit Systems Protection Board (MSPB). Thereafter, an AJ with the MSPB dismissed the claim siting lack of jurisdiction. The complainant then appealed to the EEOC’s Office of Federal Operations (OFO). The OFO ruled that the case should be sent back to the agency for processing. According to the EEOC: “When the Merit Systems Protection Board dismisses a case for lack of jurisdiction, the matter is no longer a mixed case and should be remanded to the agency for further processing as a non-mixed complaint.”

Sheila D. v. Dep’t of Veterans Affairs, EEOC Petition No. 2021001103 (Feb. 24, 2021)  https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2021001103.pdf

Attorney Kirk J. Angel regularly represents federal employees in EEO proceedings as well EEOC hearings and MSPB hearings. If you are involved in either and need representation, you should schedule your free 15 minute consultation with attorney Angel today.