7.22.26 What is a "Mixed Case"?

[00:00:00]So, you were removed from federal service and you think it was discrimination. Do you file an EEO or appeal to the MSPB?

[00:00:08]Hey feds, this isn't for feds. It's been described as a maze, a labyrinth, and you're not wrong if you think it is. It is what it is. This is why I say the stronger your case, the more likely you might need a federal employee attorney.

[00:00:20]This is one video, the first part in a series called dictionary. You're going to want to save it and listen to it maybe multiple times to get all of it if you ever need it. Please share to help get this out. We're going to try to break down one complex concept for feds per week. Again, the first in our dictionary series. So, what is a mixed case?

[00:00:38]Word it first. It's when the action against you is both something you can appeal to the MSPB and something you say was discrimination or retaliation under Title VII of the Civil Rights Act of 1964 as amended. Something you'd bring before the EEOC. And that combination changes your deadlines and your forum.

[00:00:57]The rule under 5 U.S.C. 7702, an appealable action, a removal, a demotion, a longer suspension, we're talking 15 days or longer, comes with a discrimination or retaliation claim under civil rights law, Title VII in particular, and a few others, it's mixed. You generally pick one road. You file an EEO complaint with your agency or you appeal to the MSPB. Not both at once. How you elect is spelled out in 29 CFR section 1614.302.

[00:01:26]For example, you were removed and you believe it's disability discrimination.

[00:01:30]You can take it to the MSPB as a mixed appeal, do the whole thing there, or you can file the EEO complaint first, one lane. If you file with the EEO first, then after you get the report of investigation, the part that goes to the MSPB should go to the MSPB at that point. You should never have it tried before the EEOC.

[00:01:47]If you've missed your 30-day deadline to go to the MSPB, but you've not missed your 45-day line to go to the EEOC, you can still start at the EEO first and then get back to the MSPB with all of your MSPB rights. What happens when a case involves multiple claims, some that should go before the EEOC or MSPB and some that shouldn't? Tough. Final insider tip, if a mixed case later goes to court, you don't go to the Federal Circuit for EEO cases, you'd go to a district court and the window short, 30 days, 5 U.S.C. 7703B2.

[00:02:17]Pick your door on purpose.

[00:02:20]Save this so the next letter you get isn't a mystery. I know this is a lot, but I've told you what I think a lot of what you need to know. Maybe you have to watch this four or five times, but this is most of the key information that you're going through on one of the most complex things that are on police face, the mixed case question.

[00:02:36]So, one federal workplace term decoded every week. Follow so the next letter you get isn't a mystery. I'm Sean Southworth at Southworth PC. We represent federal employees nationwide and worldwide, wherever you are. Thank you everybody for your support. Please take care and have a great day.

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