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Mixed Case
Practical Law Glossary Item 0-578-1610 (Approx. 3 pages)
Glossary
Mixed Case
In the context of federal public employment, a complaint of employment discrimination made by a federal sector employee or applicant that is related to or stems from an action that can be appealed to the Merit Systems Protection Board (MSPB).
There are two kinds of mixed cases:
- A mixed case complaint is a complaint of employment discrimination based on race, color, religion, sex, national origin, disability, age, or genetic information filed with the employing federal agency through the federal sector equal employment opportunity (EEO) complaint process that is related to or stems from an action that could be appealed to the MSPB.
- A mixed case appeal is an appeal filed with the MSPB that alleges the appealable personnel action was based wholly or in part on discrimination based on race, color, religion, sex, national origin, disability, age, or genetic information.
A federal employee or applicant may file a mixed case complaint with the employing agency or a mixed case appeal with the MSPB, but must choose one option (29 C.F.R. § 1614.302(b)). For more information, see Practice Note, Mixed Cases in Federal Public Employment.