2026003119•EEOC Appeal 2026003119
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Cythia Q.,1 Complainant, v. Douglas A. Collins, Secretary, Department of Veterans Affairs, Agency. Appeal No. 2026003119 Agency No. 2001-557-2026-170767 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated June 24, 2026, dismissing her 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. For the following reasons, we AFFIRM the Agency’s final decision dismissing Complainant’s formal complaint pursuant to 29 C.F.R. § 1614.107(a)(2). BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Registered Nurse at the Agency’s Carl Vinson VA Medical Center in Dublin, Georgia. 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.
2026003119 2 On June 9, 2026, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination and a hostile work environment on the bases of disability (mental) when: 1. On November 3, 2025, the Acting Chief, advised Complainant that there were no available day shift positions in Nursing Services except two 12-hour shifts per week; 2. Since November 4, 2025, Complainant’s request for Reasonable Accommodation (RA) has been denied by the HR Specialist, Reasonable Accommodations Coordinator (RAC), because they have been unable to find a day shift position for Complainant based on her RA; 3. On November 25, 2025, Complainant was not interviewed for the position despite being referred, and was not selected for the position of Registered Nurse (Clinical Resource Hub – Chief Nurse), CAZD 12802423-25-AV, VN-0610-4 in Dublin, Georgia; 4. On December 5, 2025, Complainant was not interviewed for the position despite being referred, and was not selected for the position of Registered Nurse – Deputy Chief, CBTB-12827475-26-RJL, VN- 0610-00, in Dublin, Georgia; 5. On December 11, 2025, Complainant was not interviewed for the position despite being referred, and was not selected for the position of Chief Nurse of Operations, CBTB-12830844, VN-0610-4 A at the Agency’s Carl Vinson VA Medical Center in Dublin, Georgia; 6. On December 29, 2025, Complainant was not interviewed for the position despite being referred, and was not selected for the position of Chief Nurse – Acute Care, CBTB-12832557-26-SB, at the Carl Vinson VA Medical Center in Dublin, Georgia; 7. On January 5, 2026, Complainant was not interviewed for the position despite being referred, and was not selected for the Nurse Chief of Operations position, CBTB12830844-26-SB, VN-0610-4 A at the Carl Vinson VA Medical Center in Dublin, Georgia;
2026003119 3 8. On January 15, 2026, Complainant was not interviewed for the position despite being referred, and was not selected for the position of Nurse Manager – Outpatient Mental Health, CBTB-12816191-26- AH, VN-0610-00, in Dublin, Georgia; and. 9. On January 21, 2026, Complainant was informed the Chief Nurse Mental Health position in Dublin, Georgia, that she applied for and was referred to, was canceled despite there being someone in the position. In the Agency’s final decision, the Agency dismissed Complainant’s complaint pursuant to 29 C.F.R. § 1614.107(a)(2) due to the untimely filing of the formal complaint. The Agency determined that Complainant received the Notice of Right to File a Discrimination Complaint (NORTF or Notice) on May 19, 2026. The Agency noted that the NORTF informed Complainant that she had to file her formal complaint within 15 calendar days of the date she received the NORTF. The Agency found that Complainant needed to file her formal complaint by June 3, 2026, in order to be timely. However, Complainant filed the formal complaint on June 9, 2026. In her complaint, Complainant explained that the untimely filing was because she and her [non-attorney] representative were not aware of the May 19, 2026, email notification because Complainant was only waiting for the Alternate Dispute Resolution (ADR) scheduled for June 17, 2026. In the dismissal, the Agency noted that the statute of limitations is not waived because an employee has pursued means for resolving her complaint in the interim. Complainant was not barred from continuing to participate in the ADR process by filing her complaint. The Agency stated that informal counseling had to be completed in a timely manner due to the regulatory time frames and the Notice clearly informed Complainant of the 15-day filing deadline. ANALYSIS EEOC Regulation 29 C.F.R. § 1614.107(a)(2) states, in pertinent part, that an agency shall dismiss a complaint for failure to comply with the applicable time limits, unless the agency extends the time limits in accordance with 29 C.F.R. § 1614.604(c).
2026003119 4 A formal “complaint must be filed within 15 days of receipt of the notice required by § 1614.105 (d), (e) or (f).” 29 C.F.R. § 1614.106(b). The Commission generally holds that documents transmitted to a complainant by email shall be deemed to be received when received if transmitted via email, or within five days of when the decision is emailed, whichever occurs first. See 29 C.F.R. § 1614.604(d). At the beginning of the informal process, Complainant was provided with a Notice of Rights and Responsibilities (NORR), which she signed and returned to the EEO Counselor on February 25, 2026. Complaint File at 3-7, 9-13. The NORR provided in pertinent part that: Unless you inform us otherwise, all EEO correspondence transmitted by [the Agency's EEO Office] will be sent to you ...via email... [The Agency's EEO Office] will use the date you or your designated representative, if applicable, received the correspondence via email for purposes of calculating timeliness… If you or your representative is not using a VA email account to receive EEO correspondence, you must provide [the Agency's EEO Office] with email confirmation immediately upon receipt of documents and notices. For timeliness purposes if read receipt or email confirmation is not provided, it shall be presumed that the parties received the Agency's correspondence within five days after the date it was sent via email. Based on the foregoing, we find that Complainant was aware and agreed that the Agency would be transmitting EEO correspondence to her via email. The record shows the EEO Counselor emailed Complainant and her non-attorney representative the Notice of Right to File on May 19, 2026. Complaint File at 34. In the email, the EEO Counselor states that the informal process of Complainant’s EEO case had concluded and that she was issuing Complainant the NORTF, attached to the email. The EEO Counselor informed Complainant she had 15 calendar days to file her formal complaint, or the complaint would be closed after the 15 days if she chose not to file a formal complaint. The email also provided instructions on how and where to file a complaint. Id. Additionally, the NORTF clearly informed Complainant she had to file her formal complaint within 15 calendar days of receiving the Notice, and provided instructions on how and where to file the formal complaint. Id. at 30.
2026003119 5 The Notice also highlighted that the 15-day filing deadline would not be extended due to Complainant’s need for assistance from the EEO Counselor in completing VA Form 4939, Complaint of Employment Discrimination. Id. Using the 5-day presumption of receipt for documents transmitted via email to Complainant, we find that Complainant received the NORTF on May 24, 2026. Therefore, we find Complainant had to file her formal complaint by June 8, 2026, to meet the 15-day filing deadline. However, Complainant filed her formal complaint on June 9, 2026, one day past the filing deadline. Complainant sent the EEO Counselor an email on June 5, 2026, stating she missed the EEO Counselor’s May 19, 2026, email with the NORTF. In a series of emails on June 8, 2026, the EEO Counselor informed Complainant she could proceed with the scheduled mediation and still file a formal complaint. She advised Complainant she would have to explain the late filing. Complainant responded stating she and her representative were “unaware of the email notification to take action.” Id. at 71. She also asked the EEO Counselor what form she needed to file. The EEOC Counselor told Complainant it was Form 4939 and that all the forms and instructions were in the May 19 email. Complainant emailed her formal complaint to the EEO Counselor on June 9, 2026, rather than the designated Agency email address for filing her formal complaint that was listed in the NORTF. Id. at 65, 69. That same day, the EEO Counselor forwarded Complainant’s formal complaint to the proper Agency email address for filing complaints. Id. at 69. On appeal, Complainant has not offered any justification to warrant an extension of the time limit for filing the complaint. Therefore, we find the Agency properly dismissed the complaint for failing to timely file the formal complaint CONCLUSION Accordingly, the Agency's final decision dismissing Complainant's formal complaint is AFFIRMED.
2026003119 6 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. 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.
2026003119 7 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. 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.
2026003119 8 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 __________ Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 17, 2026 Date
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