The Federal Courts

In EEO cases involving employment discrimination, you have a right to take your case to U.S. District Court after you complete the Administrative Process (see above) and “exhaust your remedies,” either before or after you take your case to EEOC or the MSPB.  In other kinds of personnel cases at the MSPB, you usually have a right to have a U.S. Court of Appeals review the Board’s decision (after you appeal an Administrative Judge’s decision to the full Board at the MSPB).

Taking your case to federal court is not a decision to be made lightly, as the costs, the risks, and possibly the rewards are greater than at EEOC or MSPB.  Also, whether to go to EEOC or US District Court is often a decision that you should make after you take into account the records of both the courts and the administrative tribunals in your jurisdiction when it comes to deciding employee cases.  Court cases are more complex and the rules of evidence and procedure are stricter, but you also have greater opportunities to require the other side to make witnesses and evidence available.  Once again, deciding where to bring your case is a decision best brought in close consultation with an attorney you trust.