An individual who has a complaint processed pursuant to 5 CFR part 1201, subpart E or this subpart is authorized by 5 U.S.C. 7702 to file a civil action in an appropriate United States District Court:
(a) Within 30 days of receipt of a final decision issued by an agency on a complaint unless an appeal is filed with the MSPB; or
(b) Within 30 days of receipt of notice of the final decision or action taken by the MSPB if the individual does not file a petition for consideration with the EEOC; or
(c) Within 30 days of receipt of notice that the Commission has determined not to consider the decision of the MSPB; or
(d) Within 30 days of receipt of notice that the Commission concurs with the decision of the MSPB; or
(e) If the Commission issues a decision different from the decision of the MSPB, within 30 days of receipt of notice that the MSPB concurs in and adopts in whole the decision of the Commission; or
(f) If the MSPB does not concur with the decision of the Commission and reaffirms its initial decision or reaffirms its initial decision with a revision, within 30 days of the receipt of notice of the decision of the Special Panel; or
(g) After 120 days from the date of filing a formal complaint if there is no final action or appeal to the MSPB; or
(h) After 120 days from the date of filing an appeal with the MSPB if the MSPB has not yet made a decision; or
(i) After 180 days from the date of filing a petition for consideration with Commission if there is no decision by the Commission, reconsideration decision by the MSPB or decision by the Special Panel.
Notes of Decisions
Leslie Kerr v. Sally Jewell, 836 F.3d 1048 (9th Cir. 2016).
· cites it 2× “§ 7702 (a)(2)(B); see also 29 C.F.R. § 1614.310 (a). In addition to his [WPA] retaliation claim, Plaintiff plainly alleges disability discrimination under 29 U.”
Harms v. Internal Revenue Serv., 321 F.3d 1001 (10th Cir. 2003).
· cites it 2× “29 C.F.R. § 1614.310 (b). B. Harms’ Suspension Claims The individual EEO complaint Harms filed with the TCC was not a mixed case because the MSPB lacked jurisdiction over his ten-day suspension.”
Montoya v. Chao, 296 F.3d 952 (10th Cir. 2002).
“§ 7703 (b)(2); see also 29 C.F.R. § 1614.310 (d). The parties agree that Montoya had thirty days from his receipt of the EEOC’s decision of June 20, 2000, to file the present action.”
Sloan v. West, 140 F.3d 1255 (9th Cir. 1998).
· cites it 3× “10 29 C.F.R. § 1614.310 (a) (1997); 32 C.F.R.”
Steven Crowe v. Christine Wormuth, 74 F.4th 1011 (9th Cir. 2023).
· cites it 2× “§§ 7702 (e), 7703(a)(1), (b)(2); 29 C.F.R. § 1614.310 ; Perry, 582 U.S. at 425 ; Kloeckner, 568 U.”
Cheryl Slingland v. Postmaster Gen., 542 F. App'x 189 (3rd Cir. 2013).
· cites it 2× “157 (requiring the MSPB to notify appellant of her right to file a civil action when it renders its final decision); 29 C.F.R. § 1614.310 (b) (authorizing appellant to file a civil action within thirty days of her receipt of the MSPB’s final decision).”
Kerr v. Merit Sys. Prot. Bd., 908 F.3d 1307 (Fed. Cir. 2018).
· cites it 2× “§ 7702 (a) and 29 C.F.R. § 1614.310 (a) ). Kerr decided to pursue review of her mixed case in district court by filing suit in the District of Alaska in October 2008.”
Coffman v. Glickman, 328 F.3d 619 (10th Cir. 2003).
· cites it 2× “The decision of the MSPB becomes a judicially renewable action on the date it is issued. 5 U.”
Johnnetta Punch v. Jim Bridenstine, 945 F.3d 322 (5th Cir. 2019).
“175 ; 29 C.F.R. § 1614.310 (b). What she could not do is go back to the first fork in the road and choose Option 2 by filing an EEO complaint.”
Taylor v. United States, 54 Fed. Cl. 423 (Fed. Cl. 2002).
· cites it 2× “§ 2000e — 16(c) (2002); 29 C.F.R. § 1614.310 (2002). Plaintiff did not file an appeal.”
— 29 C.F.R. § 1614.310(b) — 3 cases
— 29 C.F.R. § 1614.310(d) — 1 case
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