Additional jurisdictional issues arise where the employee alleges discrimination in connection with an action otherwise appealable to the Board (e.g., mixed case). While the Board has jurisdiction over such appeals, the employee, if dissatisfied with the final decision of the Board, may ask the Equal Employment Opportunity Commission (EEOC) to review the Board's decision. If the EEOC and the Board cannot agree, the case is referred to the Special Panel for final resolution. The Special Panel consists of a Chairman appointed by the President, one member of the Board appointed by the MSPB Chairman, and one EEOC commissioner appointed by the EEOC Chairman.
A discrimination complaint in connection with an action that is not appealable to the Board may be pursued through internal agency procedures and the EEOC.