EEOC Appeal 2026003178

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Phillis W.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2026003178
Agency No. 200I-546-2026-172453
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated June 11,
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.
During the relevant time, Complainant worked 	as 	a Secretary, GS-6 	at the
Agency’s Acquisitions and Material Management Service in Miami, Florida.
On April 16, 2026, Complainant initiated EEO contact. 	Informal efforts at
resolution were not successful.
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.

2026003178	2
On May 15, 2026, Complainant filed a formal complaint alleging that the Agency
subjected her to discrimination based on sex (female) and in reprisal for prior
protected activity when:
1. 	From 	November 	1, 	1999, 	to 	December 	31, 	2004, 	the 	Chief 	of
Acquisitions and Material Management (a former employee), sexually
assaulted Complainant in his office and at his home.
2. 	On or about December 31, 2004, the Chief of Acquisitions and
Material Management stated to Complainant, “who the fuck do you
think you are to report me; you are going to be punished for reporting
me.”2
In the instant final decision, the Agency dismissed the 	formal complaint 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 events.
EEOC 	Regulation 	29 	C.F.R. 	§ 	1614.105(a)(1) 	requires 	that 	complaints 	of
discrimination should be brought to the attention of the Equal Employment
Opportunity 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 record discloses that the discriminatory events occurred at the very latest on
December 31, 2004. However, Complainant did not initiate contact with an EEO
Counselor until 	April 	16, 2026, which was 	far 	beyond 	the 45-day limitation
period. Complainant submitted a statement in support of her appeal. However, she
has presented no arguments or evidence warranting an extension of the time limit
for initiating EEO Counselor contact.
Furthermore, a complainant must act with due diligence in the pursuit of a claim,
or the doctrine of laches may apply. See O'Dell v. Department of Health and
Human Services, EEOC Request No. 05901130 (December 27, 1990).
2 Complainant made reference to this matter as having occurred in 2024. However,
this appears to be an inadvertent typographical reference, and the actual date is
“2004.”

2026003178	3
The doctrine of laches is an equitable remedy under which an individual's failure to
pursue diligently a course of action could bar a claim. Complainant waited
approximately twenty-two years before she finally contacted an EEO Counselor.
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.

2026003178	5
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 14, 2026
Date