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4.3.2020

HEATHER WHITE, A PARTNER AT THE FEDERAL PRACTICE GROUP, PENS A COLUMN ON THE CORONAVIRUS AND FEDERAL DEADLINES

Written by: Federal Practice Group
Written by: Federal Practice Group

News & Media

The Only Things Immune to Coronavirus? EEO and MSPB Deadlines

April 2, 2020

With everything in disarray and large parts of the country under stay at home orders, federal employees could be forgiven for assuming that, as in last year’s furloughs, the deadlines for filing EEO complaint or appealing from adverse actions are stayed for the duration.

However, they would be mistaken – the government is open for business, and though many agencies are teleworking 100%, the usual deadlines apply.

This means that if you have initiated an EEO complaint, or were thinking about doing so, you still need to meet important deadlines to ensure that your complaint remains viable. For example:

  • 45 calendar days to initiate a complaint after the adverse employment action occurs
  • 45 calendar days to amend an existing complaint if something like or related happens
  • 15 calendar days to get your formal complaint filed following receipt of the notice of right to file or Notice of Final interview
  • 30 calendar days after receipt of an EEO Report of Investigation to request an EEOC hearing

By the same token, if you have been subjected to an adverse and appealable action, like a suspension of more than 14 days, a demotion or a removal, you have only 30 calendar days from the effective date to file an appeal with the Merit Systems Protection Board.

The Federal Practice Group represents federal employees in all kinds of employment actions, including EEO, MSPB, and whistleblower cases, but (even) we can’t help you if your deadline has passed! Please keep an eye on the calendar and do not allow deadlines to pass unless you’ve affirmatively decided not to file a complaint or appeal. And let’s all be safe out there (primarily inside, at home).

Heather White is a partner at the Federal Practice Group, where she specializes in federal sector employment litigation.

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