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https://www.law.cornell.edu/cfr/text/29/1614.302
(1) Mixed case complaint. A mixed case complaint is a complaint of employment discrimination filed with a federal agency based on race, color, religion, sex, national origin, age, disability, or genetic information related to or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB). The complaint may contain ...
https://www.pinesfederal.com/blog/2008/january/mspb-and-eeo-what-is-a-mixed-case-/
Mar 29, 2016 · The biggest issue with mixed cases involves the dual filing of the matter in the EEOC and the MSPB. This often occurs when the Agency fails to identify and process your EEO complaint as a mixed case complaint, or when you file a mixed case appeal and the Agency wants to argue that your EEO complaint was filed first.
https://www.eeoc.gov/federal/directives/md-110_chapter_4.cfm
A "mixed case complaint" is a complaint of employment discrimination filed with a federal agency based on race, color, religion, sex, national origin, age, disability, genetic information, or reprisal related to or stemming from an action that may be appealed to the MSPB.
http://eeo21.com/Mixed_case.html
MSPB's decision on a "mixed case" can be appeal to EEOC's Office of Federal Operations (OFO) only on the issues of discrimination. See OFO appeals. If a p erson files a complaint on removal issue with EEO office, the Agency must inform him or her: of the right to file either a mixed case complaint with the agency [EEO office] or
https://www.mspb.gov/appeals/appeals.htm
How to File an Appeal . One of the MSPB's primary statutory functions is to protect Federal merit systems against partisan political and other prohibited personnel practices by adjudicating employee appeals over which the Board has been given jurisdiction.
https://www.commerce.gov/cr/complaints/complaint-process-manual/mixed-case-complaints
A mixed case complaint is a complaint of employment discrimination based on race, color, religion, sex, national origin, age or disability related to or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB).
https://www.justice.gov/jm/eousa-resource-manual-95-mixed-case-complaints
Sep 19, 2018 · Mixed Case Complaint: A "mixed case complaint" is a complaint of employment discrimination based on race, color, religion, sex, age, national origin or disability (physical or mental) related to or stemming from a personnel action that can be appealed to the Merit Systems Protection Board …
https://www.eeoc.gov/federal/digest/xv-4.cfm
Examples of the types of employees who have a right to file a mixed case complaint or a mixed case appeal, as well as examples of the types of actions that are appealable to MSPB, can be found in EEO MD-110, at 4-2 and 4-3. These lists are not all-inclusive and are subject to change.
https://about.usps.com/publications/pub133/pub133_037.htm
Filing a Mixed-Case Appeal With the MSPB. If you are eligible to file an appeal with the MSPB, and you decide to do so, you must file your appeal within 30 calendar days of the adverse disciplinary or personnel action involved. Additional information on how to …
https://www.transportation.gov/civil-rights/complaint-resolution/complaint-process/employee-complaint-process/equal-employment-opportunity/mixed
Jan 05, 2016 · Mixed Cases Complaints. Some employment discrimination complaints can be appealed to the Merit Systems Protection Board (MSPB). In these cases, the employee has to choose to keep on with the complaint as a "mixed case complaint" (under 29 CFR 1614) or a "mixed case appeal" before the MSPB.Whichever gets filed first is the method that will be used (29 CFR 1614.302).
https://about.usps.com/publications/pub133/pub133_034.htm
Mixed EEO and Merit Systems Protection Board Cases Definition of Mixed Case. A mixed case occurs when an employee has an action that is appealable to the Merit Systems Protection Board (MSPB) and also is appealable through the EEO complaint process because the employee claims the action was taken as the result of discrimination based on race, color, religion, genetic information, national ...
http://askthelawyer.federaltimes.com/2012/09/16/in-filing-complaint-be-careful-in-choosing-appeals-process/
Sep 16, 2012 · An employee who has a mixed case can choose either process, but not both. The biggest difference between the two agencies is that MSPB usually decides cases quickly, within about four months. EEOC can take years if the case includes a hearing in front of an EEOC judge. But in a mixed case, there is no hearing in front of an EEOC judge.
https://www.fedemploymentlaw.com/blog/2018/02/both-the-mspb-and-eeoc-handle-discrimination-complaints.shtml
For example, filing with the EEOC ultimately requires you to prove discrimination, whereas an MSPB complaint only requires showing that your employer's actions were prohibited. Also, an MSPB complaint may be resolved sooner than an EEOC complaint, but there may be greater oversight by the EEOC.
https://www.transportation.gov/civil-rights/complaint-resolution/mixed-cases-complaints
Jan 07, 2016 · Mixed Cases Complaints. Some employment discrimination complaints can be appealed to the Merit Systems Protection Board (MSPB). In these cases, the employee has to choose to keep on with the complaint as a "mixed case complaint" (under 29 CFR 1614) or a "mixed case appeal" before the MSPB.Whichever gets filed first is the method that will be used (29 CFR 1614.302).
https://www.passmanandkaplan.com/Federal-Legal-Corner/Jurisdiction-in-Mixed-Case.shtml
Jurisdiction in Mixed Case. In Ikossi v. Department of Navy, No. 05-5456 (DC Cir. 2/29/08), the federal court of appeals for the District of Columbia Circuit reversed a district court, finding there was jurisdiction over a mixed-case appeal but that pre-termination EEO …
https://www.pinesfederal.com/blog/2009/march/mspb-eeoc-damages-what-damages-are-available-for/
Mar 19, 2009 · There is a lot of confusion, and a lot of bad information in the community of Federal employees as to what damages are available to them in a claim of discrimination (either before the EEOC or as an affirmative defense in an MSPB Appeal, or in a …
http://informedfed.com/2019/10/06/mixed-case-or-mixed-appeal/
Oct 06, 2019 · Mixed case complaint. A mixed case complaint is a complaint of employment discrimination filed with a federal agency based on race, color, religion, sex, national origin, age, disability, or genetic information related to or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB).
https://hresquirelaw.blogspot.com/2013/10/dealing-with-conflict-between-eeoc-and.html
Oct 21, 2013 · 29 C.F.R. § 1614.302(a)(1) defines a “mixed case complaint” as a “complaint of employment discrimination filed with a federal agency based on race, color, religion, sex, national origin, age, disability, or genetic information related to or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB).
https://www.justice.gov/osg/brief/leahy-v-mspb-opposition
Butler did not concern the MSPB's jurisdiction to process mixed case appeals. Instead, Butler, like the statutory provision it interprets, 5 U.S.C. 7702(e)(1)(B), deals with when "the district court has jurisdiction" over an action that is the subject of a mixed case appeal. 164 F.3d at 643.
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