2026004205•EEOC Appeal 2026004205
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Walton Z.,1 Petitioner, v. Pete Hegseth, Secretary, Department of War (Defense Information Systems Agency), Agency. Petition No. 2026004205 MSPB No. DA-0752-24-0075-I-1 DECISION On September 6, 2026, Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC or Commission) asking for review of a Final Order issued by the Merit Systems Protection Board (MSPB) concerning his claim of discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. BACKGROUND At the time of events giving rise to this complaint, Petitioner worked as an IT Cybersecurity Specialist at the Agency’s Tinker Air Force Base in Tinker, Oklahoma. On October 26, 2023, the Agency issued a decision removing him from his position for conduct unbecoming a federal employee, effective immediately. Petitioner 1 This case has been randomly assigned a pseudonym which will replace Petitioner’s name when the decision is published to non-parties and the Commission’s website.
2026004205 2 appealed to the MSPB, seeking to reverse the Agency’s decision to remove him. On November 8, 2024, an MSPB Administrative Judge (AJ) issued a decision affirming the removal because the Agency proved its charges against Petitioner and established that the penalty was reasonable. Petitioner then filed a petition for review before the full Board, which denied the petition on May 26, 2026. Petitioner then filed the instant petition but did not file a brief on appeal. In response, the Agency filed a brief urging dismissal of Petitioner’s appeal because it was untimely filed. ANALYSIS EEOC Regulations provide that the Commission has jurisdiction over mixed case appeals on which the MSPB has issued a decision that makes determinations on allegations of discrimination. 29 C.F.R. § 1614.303 et seq. The Commission must determine whether the decision of the MSPB with respect to the allegation of discrimination constitutes a correct interpretation of any applicable law, rule, regulation or policy directive, and is supported by the evidence in the record as a whole. 29 C.F.R. § 1614.305(c). Under 29 C.F.R. §1614.303, petitions for review of a MSPB decision must be filed with the Commission within 30 days of receipt of the final decision of the MSPB. In this case, the MSPB’s final decision was emailed to Petitioner and his then- counsel on May 26, 2026. Petitioner did not file his petition until September 6, 2026, more than three months after the MSPB issued its decision. Petitioner has not offered any reason to justify his untimely filing. Petitioner’s appeal is therefore untimely and must be dismissed. CONCLUSION We therefore dismiss the petition for review. PETITIONER’S RIGHT TO FILE A CIVIL ACTION (W0124) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. You have the right to file a civil action in an appropriate United States District Court, based on the decision of the Merit Systems Protection Board, within thirty (30) calendar days of the date that you receive this decision. If you file a civil action, you must name as the
2026004205 3 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. 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. 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 28, 2026 Date
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