EEOC Appeal 2026002738

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Latonya D.,1
Complainant,
v.
Markwayne Mullin,
Secretary,
Department of Homeland Security
(Customs and Border Protection),
Agency.
Appeal No. 2026002738
Agency No. HS-CBP-00049-2026
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's final decision dated May
18, 2026, dismissing a formal 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. 	Complainant's complaint
was properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely EEO
Counselor contact.
During the period at issue, Complainant worked for the Agency as a Border Patrol
Agent in El Paso, Texas.
On October 1, 2025, Complainant made initial EEO Counselor contact.
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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On October 28, 2025, Complainant filed a formal EEO complaint alleging that the
Agency subjected her to discrimination 	based on sex (female) and disability
(physical) when:
1. 	From December 11, 2024, through May 15, 2025, Complainant’s
requests to change to her Removal Standard Form (SF)-50 to reflect
disability retirement were not successful, and on May 15, 2025, she was
informed her SF-50 was final and would not be changed; and
2. 	On or about May 15, 2025, Complainant was informed she could not
receive her retired flag, badge, or credentials
On May 18, 2026, the Agency issued its final decision dismissing Complainant’s
formal complaint pursuant to 29 C.F.R. § 1614.107(a)(2), for failure to comply with
applicable time limits. The Agency stated that, under 29 C.F.R § 1614.105(a)(1),
Complainant had 45 days, from the date of the alleged discrimination, to make EEO
Counselor contact. Complainant’s EEO Counselor contact was more than 45-days
from May 15, 2025.
The instant appeal followed.
The Agency’s decision to dismiss a complaint is subject to de novo review by the
Commission, which requires the Commission to examine the record without regard
to the factual and legal determinations of the previous decision maker and issue its
decision 	based 	on 	the Commission’s 	own 	assessment 	of the record 	and 	its
interpretation of the law. 29 C.F.R. § 1614.405(a). The Commission should construe
the complaint in the light most favorable to the complainant and take the complaint’s
allegations as true. 	See Cobb v. Department of the Treasury, EEOC Request No.
05970077 (March 13, 1997). Thus, all reasonable inferences that may be drawn from
the complaint’s allegations must be made in favor of the complainant.
The alleged discriminatory events occurred between December 2024 and May 15,
2025. Complainant did not initiate contact with an EEO Counselor until October 1,
2025, which is beyond the forty-five (45) day limitation period. On appeal,
Complainant alleged that she spoke to a human resources representative on May 15,
2025 and she was told that she was not entitled to file an EEO claim. On October 1,
2025, Complainant sought EEO Counseling, and she does not argue that she was
unaware of how to file an EEO complaint or how to seek EEO Counseling.

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Complainant had until June 29, 2025 to make timely EEO Counselor contact. On
appeal, there is a bare assertion about Complainant being misled as discussed above.
However, 	Complainant 	has 	presented 	no 	persuasive 	arguments 	or 	evidence
warranting an extension of the time limit for initiating EEO Counselor contact.
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.

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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 24, 2026
Date