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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.