Office of Federal Operations

It is unfortunate that two years have passed since the parties filed their respective summary judgment motions and the ALJ has not yet made a decision. Unfortunately, you have no practical basis for getting this logjam moving. It appears your appeal was justifiably dismissed as premature.

FWIW, your situation is not unique. Federal employees often have their discrimination complaints linger for years while judges decide dispositive and non-dispositive motions during administrative proceedings and during judicial proceedings.

ESteel,

Thanks for your response. Wow, that is sad. I knew there was a backlog but to wait years is just plain unjust. Can I go back and request that the agency submit a final agency decision even though the case has been passed on to an administrative judge?

You are welcome.

I do not think you can "redirect" the proceedings in the manner you suggested. I think the die has been cast. IMO, you have to have the ALJ decide the summary judgment motions at this juncture.

With that said, I have not recently checked the procedural regulations for processing administrative discrimination proceedings for federal government employees. You may want to consult directly with an attorney with experience in representing federal employees in such proceedings.