Today, four independent adjudicatory agencies can handle employee complaints or appeals: the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), the Office of Special Counsel (OSC), and the Federal Labor Relations Authority (FLRA). For the first time, it would adjudicate discrimination complaints that were not necessarily associated with adverse actions. Under the proposed legislation, EEOC would become that gatekeeper, investigating and determining the merits of individual EEOC complaints and deciding whether to argue these cases before the new adjudicator of EEO matters, MSPB. The proposed legislation would give federal employee discrimination complainants the same opportunity as private-sector employees to take their case to U.S. district court. But it would deny them the right to first pursue formal adjudication within the federal redress apparatus, and then, if still dissatisfied, to start a new case from scratch. The intention of the proposed legislation would be to eliminate what is commonly called the “two bites of the apple.”
One significant effect of these proposed changes might be to dampen the number of discrimination complaints reaching the formal adjudicative stage. For example, changes in the adjudicatory responsibilities of EEOC and MSPB would require major organizational change in both agencies. In addition, a basic change in adjudicatory redress procedures would have repercussions in the individual federal agencies, which would likely need to develop new processes to handle discrimination complaints. Moreover, cases already in process would need to be accommodated; a transition period to ensure an orderly changeover from the old system to the new would need to be provided and carefully planned.
Why GAO Did This Study

GAO discussed the implications of the Omnibus Civil Service Reform Act of 1996 on the redress system for federal employees.

What GAO Found

GAO noted that: (1) the proposed legislation would eliminate jurisdictional overlap between the Merit Systems Protection Board (MSPB) and the Equal Employment Opportunity Commission (EEOC); (2) EEOC would be in charge of investigating the merits of individual EEOC complaints and deciding whether to argue these complaints before MSPB; (3) MSPB would adjudicate discrimination complaints that are not associated with adverse actions; (4) the proposed legislation would give complainants' the opportunity to take their case before the U.S. district court, but it would deny them the right to pursue formal adjudication within the federal redress system; (5) the number of discrimination complaints reaching the formal adjudicative stage would be lessened; (6) changes in EEOC and MSPB adjudicatory responsibilities would require major organizational changes in both agencies; (7) basic changes in the adjudicatory redress system would have repercussions for individual federal agencies; (8) a transition period would be needed to ensure an orderly changeover from the old redress system to the new system; and (9) alternative dispute resolution is a good way to avoid the time and expense of employee litigation, but this procedure is in its preliminary stages of development.