Yes. You can file a federal court lawsuit if one of the following conditions are present:
180 days have passed since you filed your formal EEO complaint and the EEO investigation has not been completed.
You receive a Report of Investigation on your EEO complaint and you choose to file a lawsuit rather than request a final agency decision or request a hearing with an EEOC Administrative Judge.
You requested an EEOC Administrative Judge hearing and the AJ issued a decision against you or the AJ issued a decision in your favor, but it was rejected by the Agency. In either case, you will have 90 days from the date of the final agency decision based on the EEOC AJ's decision to file a lawsuit in federal court.
If you file an appeal of the final agency decision or the EEOC AJ's decision to the Office of Federal Operations of the EEOC, and the OFO/EEC finds against you, you will have 90 days from the date of the OFO/EECO decision to file a federal court lawsuit.
If you file a federal court lawsuit, it is a de novo review by the court. This means that the case starts over, no matter what the decisions may have been by the EEOC AJ or the Agency. You will have the opportunity to conduct discovery and prove your case in a jury trial.
If you have filed your appeal with the Equal Employment Opportunity Commission and the Equal Employment Opportunity Commission has not issued a decision for 180 days or more since you filed your appeal, you can file a lawsuit.