EEOC Appeal 2026002746

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Josh A.,1
Complainant,
v.
Markwayne Mullin,
Secretary,
Department of Homeland Security
(Federal Emergency Management Agency),
Agency.
Appeal No. 2026002746
Agency No. HS-FEMA-00954-2024
Hearing No. 532-2024-00077X
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's final order adopting an
EEOC Administrative Judge’s decision dismissing his 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. 	Upon review, the
Commission finds that Complainant's complaint was properly dismissed pursuant to
29 C.F.R. § 1614.107(a)(2), for untimely EEO Counselor contact.
At the time of events giving rise to this complaint, Complainant worked as a
Writer/Editor with the Agency’s Office of the Immigration Detention Ombudsmen
in Washington, D.C.
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 March 15, 2024, Complainant filed a formal EEO complaint alleging that the
Agency subjected him to discrimination on the bases of disability (mental) and
reprisal (prior protected EEO activity) when, on January 8, 2024, Complainant was
made aware he did not receive a close-out evaluation or performance award, after
departing from the Agency on September 8, 2023.
Following an investigation, Complainant requested a hearing before an EEOC
Administrative Judge (AJ). The AJ issued a decision dismissing the complaint for
untimely EEO Counselor contact. The AJ determined that the alleged discriminatory
incident occurred on September 10, 2023, when Complainant was terminated;
however, Complainant did not contact an EEO Counselor until February 5, 2024,
which was beyond the 45-day limitation period. As a result, the AJ dismissed the
complaint. 	The Agency subsequently issued a final order fully adopting the AJ’s
dismissal decision. The instant appeal followed.
STANDARD OF REVIEW
The EEOC’s Administrative Judge’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. Dep’t of the Treasury, EEOC
Request No. 05970077 (Mar. 13, 1997). Thus, all reasonable inferences that may be
drawn from the complaint’s allegations must be made in favor of the complainant.
ANALYSIS
The record discloses that the alleged discriminatory event occurred September 10,
2023, but Complainant did not initiate contact with an EEO counselor until February
5, 2024, which is beyond the 45-day limitation period. On appeal, Complainant has
presented no persuasive arguments or evidence warranting an extension of the time
limit for initiating EEO Counselor contact.

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CONCLUSION
Accordingly, the Agency's final order adopting the AJ’s dismissal of 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.

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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.
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.

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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 __________ 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 24, 2026
Date