EEOC Appeal 2026003324

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Adah P.,1
Complainant,
v.
Hung Cao,
Acting Secretary,
Department of the Navy,
Agency.
Appeal No. 2026003324
Agency No. 26-00014-00370
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated June 25,
2026, 	dismissing 	her 	complaint 	of 	unlawful 	employment 	discrimination 	in
violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42
U.S.C. § 2000e et seq. and 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 for untimely filing.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a
Financial Management Analyst/NO4 at the Agency’s Office of Naval Research in
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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Arlington, Virginia. On May 28, 2026, Complainant filed a formal complaint
alleging that the Agency subjected her to discrimination and harassment, which the
Agency framed in the following manner:
1. 	Complainant was subjected to harassment based on disability (mental
and physical) when, on January 14, 2026, during a staff meeting, a
Supervisor 	Code 	08 	(Supervisor) 	referenced 	Complainant’s
Reasonable 	Accommodation 	and 	specific 	telework 	status 	in 	the
presence of her coworkers who did not have a need-to-know.
2. 	Complainant was subjected to harassment based on reprisal (protected
EEO activity: DON #26-00014-00370) when the following occurred:
a) On January 28, 2026, Supervisor knowingly provided false
information 	to 	Complainant’s 	supervisor 	regarding
Complainant failing to perform her duties, which was later
proven inaccurate.
b) On February 4-5, 2026, Supervisor accused Complainant of
ignoring emails and failing to complete work.
3. 	Complainant was subjected to harassment based on disability (mental
and physical) and reprisal (protected EEO activity) when, on February
13, 	2026, 	shortly 	after 	Complainant 	engaged 	in 	protected 	EEO
activity, 	Complainant 	was 	denied 	access 	to 	a 	required 	quarterly
meeting.
In the Agency’s final decision, the Agency dismissed the formal complaint
pursuant to 29 C.F.R. § 1614.107(a)(2) for untimely filing of the formal complaint.
In the Agency’s decision, the Agency found that Complainant was emailed the
Notice of Final Interview (Notice) on May 11, 2026. The decision determined that
the Notice advised Complainant of her right to file a formal complaint and
informed her that any formal complaint must be filed within 15 calendar days of
receipt 	of 	the 	Notice. 	On 	May 	20, 	2026, 	Complainant 	contacted 	the 	EEO
Counselor 	regarding 	submission 	of 	her 	formal 	complaint 	and 	requested
confirmation of the filing deadline. On May 21, 2026, the EEO Counselor emailed
Complainant, advising her that the complaint was required to be submitted no later
than May 26, 2026. The Agency noted that despite being notified of the filing
requirements and reminders regarding the applicable filing deadline, Complainant

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untimely filed her formal complaint on May 28, 2026, two days past the filing
deadline. The instant appeal followed.
CONTENTIONS ON APPEAL
On appeal, Complainant requests that the Commission reverse the Agency’s final
decision dismissing her complaint. She states that while she had been advised that
the Notice would be issued on May 11, 2026, she was out of the office during that
period. She argues that she did not receive, review, or execute the documents until
May 20, 2026. She states that after she reviewed the Notice, she contacted the EEO
Counselor to confirm the filing process and applicable deadline. She states that her
actions demonstrated her commitment to complying with the EEO process.
In response to Complainant’s appeal, the Agency requests that the Commission
affirm the Agency’s decision dismissing Complainant’s complaint for untimely
filing. 	The Agency included in their response documentation of Complainant’s
emails, showing the email with the Notice in Complainant’s inbox and that the
Notice was received by Complainant on May 11, 2026, at 3:33 p.m. Agency Brief
Opposing 	Complainant’s 	Appeal, 	Attachments 	at 	17. 	Additionally, 	in 	a
conversation with the EEOC Counselor on May 21, 2026, the EEO Counselor
confirmed the filing deadline of May 26, 2026. The Agency notes Complainant has
failed to show that the filing deadline should be waived, estopped or tolled.
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). 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).
During informal counseling, the EEO Counselor sent Complainant an email on
May 8, 2026, informing Complainant that despite her mediation being rescheduled,
the formal complaint process needed to be initiated. Therefore, she informed

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Complainant that she would be issuing the Notice of Right to File on May 11,
2026. 	Complaint 	File 	112-13. 	On 	May 	11, 	2026, 	Complainant 	responded
informing the EEO Counselor that she remained open to mediation as a parallel
effort toward resolution and that the EEO Counselor should proceed with issuance
of the Notice of Right to File/Notice of Final Interview documentation. Id. at 112.
On 	May 	20, 	2026, 	Complainant 	emailed 	the 	EEO 	Counselor 	asking 	for
confirmation of the required timeframe and the official deadline for filing the
formal complaint. Id. at 118. She also sought clarification regarding where to send
her formal complaint packet. Id. EEO Counselor responded on May 21, 2026,
informing Complainant that as stated in the Notice, Complainant had 15 calendar
days from the date she issued the letter to file her formal complaint. Therefore,
Complainant needed to file her formal complaint by May 26, 2026. The EEO
Counselor also confirmed that Complainant should use one of the methods detailed
in the Notice for filing her formal complaint. Id. at 117.
The Agency’s submissions on appeal, described above, show that Complainant
received the Notice on May 11, 2026, at her work email, which is the email she
used during the informal process. The Notice stated Complainant had to file a
formal complaint within 15 calendar days of receiving the Notice. Id. at 7-9.
Additionally, the EEO Counselor informed Complainant that the filing deadline for
her formal complaint was May 26, 2026. Despite the specific instructions given in
the Notice 	and by the EEO Counselor regarding the 15-day filing deadline and
how to file her complaint, Complainant filed her formal complaint on May 28,
2026.
Complainant argues that she was out of the office on May 11, 2026, when EEO
Counselor emailed the Notice, and that May 20, 2026, is when she actually
received the email. Despite Complainant’s assertion that she was out of the office,
the record shows Complainant had access to her email as the record contains
emails she sent on May 11 and May 12, 2026. Id. at 108-110, 112. 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 due to the untimely filing of the formal complaint.

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CONCLUSION
Accordingly, the Agency’s final decision dismissing Complainant’s complaint 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. 	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.

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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.
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

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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
9/21/2026
Date