EEOC Appeal 2026001749

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Melina K.,1
Complainant,
v.
Robert F. Kennedy, Jr.,
Secretary,
Department of Health and Human Services
(Office of the Secretary),
Agency.
Appeal No. 2026001749
Agency No. HHS-OS-0231-2026
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated March 27,
2026, dismissing a formal complaint of unlawful employment discrimination in
violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as
amended, 29 U.S.C. § 791 et seq.
During the relevant time, Complainant worked 	as 	a Health 	Scientist 	at 	the
Agency’s Division of Healthcare Quality and Outcomes in Washington, D.C.
On March 13, 2026, Complainant filed a formal complaint alleging that the
Agency subjected her to discrimination based on disability and reprisal when:
1 	This 	case 	has 	been 	randomly 	assigned 	a 	pseudonym 	which 	will 	replace
Complainant’s 	name 	when 	the 	decision 	is 	published 	to 	non-parties 	and 	the
Commission’s website.

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a. 	Between June 17, 2025, and August 21, 2025, Complainant’s supervisor did
not respond to Complainant’s reasonable accommodation request to extend
telework.
b. Between June 17, 2025, and August 21, 2025, Complainant’s supervisor
denied her request for a six-week extension to relocate from Atlanta,
Georgia to Washington, DC.
c. 	On August 18, 2025, Complainant was issued a Notice of Termination
During Probationary Period (Notice) effective August 22, 2025.
d. On 	August 	18, 	2025, 	Complainant 	resigned 	in 	lieu 	of 	termination
(constructive discharge).
The 	Agency 	dismissed 	claims 	(a), 	(b), 	and 	(c) 	pursuant 	to 	29 	C.F.R.
§ 1614.105(a)(1) for untimely EEO Counselor contact, finding that Complainant
had not contacted an EEO Counselor within 45 days of the discrete events.2
EEOC 	Regulation 	29 	C.F.R. 	§ 	1614.105(a)(1) 	requires 	that 	complaints 	of
discrimination should be brought to the attention of the EEO Counselor within 45
days of the date of the matter alleged to be discriminatory or, in the case of a
personnel 	action, 	within 	45 	days 	of 	the 	effective 	date 	of 	the 	action. 	The
Commission has adopted a “reasonable suspicion” standard (as opposed to a
“supportive facts” standard) to determine when the limitation period is triggered
under the EEOC Regulations. See 29 C.F.R. §1614.105(a)(2).
The record discloses that the discriminatory events occurred at the very latest on
August 22, 2025. However, Complainant did not initiate contact with an EEO
Counselor until December 29, 2025, well beyond the 45-day limitation period.
On appeal, Complainant argues that her failure to meet the 45-day deadline was
due to the Agency’s failure to “complete or communicate [her] separation in a
timely or consistent manner [since she] did not receive [her] SF-50 . . . until
2 	The Agency did not address claim (d) in its final decision. 	On appeal,
Complainant does not contest the Agency’s determination to solely address claims
(a)- (c). Therefore, this matter will not be addressed in this decision.

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November 26, 2025.” We disagree. Complainant acknowledges that she was
notified of her termination in August 2025, and that she resigned in August 2025 in
lieu 	of 	termination. 	Therefore, 	she 	should 	have 	had 	reasonably 	suspected
discrimination in August 2025, which was more than 45 days prior to her
counselor contact. Her subsequent receipt of the form SF-50 does not toll the time
limit for contacting an EEO Counselor. Further, the Commission has consistently
held that the use of agency procedures, union grievances, and other remedial
processes does not toll the time limit for contacting an EEO Counselor. See Ellis v.
U.S. Postal Serv., EEOC Appeal No. 01992093 (Nov. 29, 2000).
Complainant failed to present any persuasive arguments or evidence warranting an
extension of the time limit for initiating EEO Counselor contact. The Agency’s
final decision is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1125)
The Commission may, in its discretion, reconsider this appellate decision if
Complainant or the Agency submits a written request that contains arguments or
evidence that tend to establish that:
1. 	The appellate decision involved a clearly erroneous interpretation of
material fact or law; or
2. 	The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests for reconsideration must be filed with EEOC’s Office of Federal Sector
(OFS) within thirty (30) calendar days of receipt of this decision. 	If the party
requesting reconsideration elects to file a statement or brief in support of the
request, that statement or brief must be filed together with the request for
reconsideration. 	A party shall have twenty (20) calendar days from receipt of
another party’s request for reconsideration within which to submit a brief or
statement 	in 	opposition. 	See 	29 	C.F.R. 	§ 	1614.405; 	Equal 	Employment
Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at
Chap. 9 § VII.B (Aug. 5, 2015).
Complainant should submit their request for reconsideration, and any statement or
brief in support of their request, via the EEOC Public Portal, which can be found at
https://publicportal.eeoc.gov/Portal/Login.aspx.

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Alternatively, Complainant can submit their request and arguments to the Director,
Office of Federal Sector, Equal Employment Opportunity Commission, via regular
mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail
addressed to 131 M Street, NE, Washington, DC 20507. 	In the absence of a
legible postmark, a complainant’s request to reconsider shall be deemed timely
filed if OFS receives it by mail within five days of the expiration of the applicable
filing period. See 29 C.F.R. § 1614.604.
An agency’s request for reconsideration must be submitted in digital format via the
EEOC’s Federal Sector EEO Portal (FedSEP). 	See 29 C.F.R. § 1614.403(g).
Either party’s request and/or statement or brief in opposition must also include
proof of service on the other party, unless Complainant files their request via the
EEOC Public Portal, in which case no proof of service is required.
Failure to file within the 30-day time period will result in dismissal of the party’s
request 	for 	reconsideration 	as 	untimely, 	unless 	extenuating 	circumstances
prevented the timely filing of the request. 	Any supporting documentation must
be submitted together with the request for reconsideration. 	The Commission
will consider requests for reconsideration filed after the deadline only in very
limited circumstances. See 29 C.F.R. § 1614.604(f).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0124)
You have the right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive this
decision. 	If you file a civil action, you must name as the defendant in the
complaint the person who is the official Agency head or department head,
identifying that person by their full name and official title. 	Failure to do so may
result in the dismissal of your case in court. “Agency” or “department” means the
national organization, and not the local office, facility or department in which you
work. If you file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so,
you may request permission from the court to proceed with the civil action without
paying these fees or costs. Similarly, if you cannot afford an attorney to represent
you in the civil action, you may request the court to appoint an attorney for you.

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You must submit the requests for waiver of court costs or appointment of an
attorney directly to the court, not the Commission. The court has the sole
discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant’s
Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
T. Gimbrere 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 15, 2026
Date