Know Your Options Before You File—EEOC, OSC, MSPB

If you’re a federal employee facing discrimination, retaliation, a proposed removal, or reassignment due to political shifts or restructuring, it can be confusing to know where to turn.

Each administrative body—EEOC, MSPB, and OSC—offers different protections, timelines, and outcomes. Choosing the wrong one could delay or even derail your chance for a fair resolution.

We break down the differences, give you real-world insight, and help you decide where your case fits—so you can act with confidence, not confusion.

Quick Snapshot: What Each Agency Covers

Timelines Matter—Here’s What You Need to Know

EEOC

• You must contact an EEO counselor within 45 days of date you knew or should have known/suspected the discriminatory action or event
• Process can be lengthy, often more than a year
• Protected categories: race, color, sex (umbrella category of sex includes pregnancy, gender identity and presentation, and sexual orientation), national origin, religion, disability, age (40+), genetic information, and retaliation
• Common issue: Individuals delay in contacting a counselor; individuals assume they need to find an attorney first

MSPB

• You must file an appeal within 30 days of an appealable action (removal, demotion, long suspension)
• Generally faster, especially with an Administrative Judge assigned
• Common issue: Many employees don’t realize they have a right to due process until it’s too late

OSC

• No strict filing deadline, but earlier is better
• Best for cases involving reprisal, whistleblowing, or political interference
• OSC can file on your behalf with MSPB if warranted
• Current issue: The politically-appointed Special Counsel has been fired and is not challenging his unlawful removal. Thus, adjudication by OSC is going to be murky for a while

Common Pitfalls to Avoid

• Filing with the wrong agency and delaying your case unnecessarily
• Missing deadlines
• Not documenting retaliation or whistleblowing events clearly
• Believing you can “switch lanes” mid-process without consequences

📌 Tip: You can’t file everywhere at once. Choosing the right strategy up front can save time, money, and stress.

Real-World Scenario

Imagine this: A GS-14 at the Department of Education is reassigned suddenly after raising concerns about hiring irregularities. He also suspects retaliation due to prior EEO activity.

What are his options?

• EEOC? Possibly—if race, age (or other protected characteristics), or prior EEO activity played a role
• OSC? Yes—if it involved whistleblowing on policy or legal violations
• MSPB? Yes—if the reassignment constitutes a constructive removal or demotion

This is why having a strategic game plan is so important.

📌 Tip: If you’re not sure where your case fits, you’re not alone—and it’s critical to get this right before deadlines pass or your complaint is dismissed. Learn more about your employment rights and choose the right strategy for you at our Career Transition Bootcamp.