Current Status of the Case
Most Recent Status Updates
February 2026 – Status Update
While we wish we could be providing a different update, as of now, we are still awaiting a decision from the EEOC Office of Federal Operations (“OFO”).
As you may recall, in 2025 the Administrative Judges issued a General Pre-Hearing Order as to how the hearings would proceed, while also simultaneously submitting their own Order for appeal to OFO. The appeal briefing was fully submitted in late June 2025, approximately 9 months ago. On average, an appeal decision generally takes around 18 months, and this case is more complex than many, so the review on appeal could be longer. We have seen OFO appeal decisions in this case take as long as three years before. We of course hope that it will be sooner than that, but at this point, we cannot move forward without the decision from OFO.
We recognize the frustration and disappointment claimants feel regarding both the current wait for a decision from OFO and the length of time this case has taken. We have been working on this case for nearly twenty years now and we will not give up fighting for each claimant’s rights. We will update the website as soon as we receive a decision from OFO.
July 2, 2025 – Status Update
Since our last update, our office has submitted appeal briefing regarding the EEOC’s General Prehearing Order for the hearings that were to take place. Amongst other things, our office emphasized that this process has taken far too long. We urged the EEOC to use all available resources to ensure that claimants receive timely determinations on relief […]
February 21, 2025 – Status Update
This afternoon the EEOC issued a 38-page General Prehearing Order. In this Order, the EEOC sets forth the standards and burdens and clarifies certain procedural and substantive issues that were raised during the pre-hearing conference process. While we are still continuing to review the Order in detail, our attorneys are very happy to see that […]
January 2, 2025 – Status Update
We wish everyone a Happy New Year! As a recap, in 2024, the EEOC took an important step forward with the commencement of Pre-Hearing Conferences for a group of claimants selected by the EEOC. In advance of any Pre-Hearing Conferences with the Administrative Judges, the selected claimants worked with our attorneys to make written submissions to […]