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The Merit Systems Protection Board (MSPB) is a government agency developed to conduct hearings to decide certain issues pertaining to the rights of federal employees. The hearings include, but are not limited to:

  1. Appeal of administrative decisions regarding the employee’s rights or benefits under the Civil Service Retirement System (CSRS) or the Federal Employees’ Retirement System (FERS)
  2. Appeal from various personnel actions, such as removal from employment, suspension of employment, furloughs and demotions.

If the employee alleges that an employing agency’s acts were effected, in whole or in part, because of discrimination on the basis of race, color, religion, sex, national origin, handicap or age, there is some overlap in jurisdiction in the adjudication of that claim:

Because the employee has a right to challenge the Agency in two different places with overlapping jurisdiction, (the MSPB or the EEOC) these cases are called “mixed cases”.

Although most federal employers will typically process a complaint with its EEO officer who, in turn, conducts an investigation and produces a Final Agency Decision (FAD), the employee does not have to wait on the employing agency’s report before filing his appeal to the MSPB.

Which forum is better to initiate your discrimination claim?

It depends upon the particular facts of the case. Although decisions by the MSPB can be appealed to higher courts, which court is also determined by the kind of case. For example, the United States Court of Appeals for the Federal Circuit hears appeals regarding some personnel matters, but discrimination cases are appealed to the United States Federal District Court. We would be glad to discuss the specifics of your case with you. .

Contact us now for a free consultation to find out how we can help you!