EEOC Appeal 2026002028

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Royce O,1
Complainant,
v.
Pete Hegseth,
Secretary,
Department of War2
(Defense Logistics Agency),
Agency.
Appeal No. 2026002028
Agency No. DLAN-26-000156
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC 	or 	Commission) 	from 	the 	Agency's 	decision 	dated 	April 	15, 	2026,
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 improperly dismissed pursuant to 29 C.F.R. § 1614.107(a)(1) for
failure to state a claim.
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.
2 Pursuant to Executive Order 14347, Restoring the United States Department of
War, issued on September 5, 2025, the Department of Defense is to be known as
the 	Department 	of 	War. 	Any 	references 	in 	the 	record 	or 	decision 	to 	the
Department of Defense should be read interchangeably as the Department of War.
2

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During the relevant time, Complainant worked at the Agency’s Defense Logistics
Agency, Information Operations in New Cumberland, Pennsylvania.
On April 9, 2026, Complainant filed a formal complaint alleging that the Agency
subjected him to discrimination on the bases of disability (physical) and in reprisal
for prior protected EEO activity when:
1. 	On March 6, 2026, Complainant’s reasonable accommodation request
was denied; and
2. 	On March 6, 2026, the Agency failed to engage in the interactive
process regarding Complainant’s accommodation request.
On April 15, 2026, the Agency issued a final decision dismissing the complaint
pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim. 	The Agency
found Complainant failed to allege that he had suffered a harm or loss affecting a
term, condition, or privilege of employment due to the Agency's action. Rather, the
Agency noted a review of the record indicates that Complainant’s request for a
reasonable accommodation was not denied.
On appeal, Complainant argues that the dismissal was improper. Complainant also
argues that the grounds for dismissal cited by the EEO Counselor was based on his
filing a claim in the OWCP process while the dismissal noted different grounds.
Complainant 	argues 	that 	he 	was 	aggrieved 	by 	the 	delay 	and 	denial 	of 	his
reasonable accommodation request as well as the Agency’s failure to engage in the
interactive process with him.
The Agency did not submit a brief on appeal.
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).

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Thus, all reasonable inferences that may be drawn from the complaint’s allegations
must be made in favor of the complainant.
Under the regulations set forth at 29 C.F.R. §§ 1614.103, 1614.106(a) the Agency
must accept a complaint from an aggrieved employee who states a justiciable claim
that he has been subjected to employment discrimination because of his EEO-
protected characteristics or subjected to retaliation for EEO-protected activity. A
complaint should not be dismissed for failure to state a claim unless it appears
beyond doubt that Complainant cannot prove a set of facts in support of the claim
which would entitle her to relief. EEOC must consider the allegations together in
the light most favorable to Complainant, in order to determine sufficiency to state a
claim. Cobb v. Dep't of the Treasury, EEOC Request No. 05970077 (Mar. 13,
1997).
Complainant has satisfied our basic threshold inquiry for stating a claim that the
described employment harm of disability discrimination and retaliation in violation
of the Rehabilitation Act, which requires further investigation and processing. In
dismissing the complaint for failure to state a claim, the Agency has improperly
addressed the merits of the complaint without a proper investigation as required by
the regulations and is irrelevant to the procedural issue of whether he has stated a
justiciable claim under Title VII. See Harland B. v. Navy, EEOC Appeal No.
2024001254 (May 16, 2024); Amber T. v, Dep’t of Veterans Affairs, EEOC
Appeal No. 2022003604 	(Sept. 6, 2022); Ferrazzoli 	v. United 	States 	Postal
Service, EEOC Request No. 05910642 (August 15, 1991). Therefore, we conclude
the Agency erred in dismissing the complaint for failure to state a claim.3
The Agency's final decision dismissing Complainant's complaint is REVERSED.
We REMAND the complaint to the Agency for further processing in accordance
with this decision and the ORDER below.
3 The Agency is not precluded from dismissing the complaint on other grounds
should this prove appropriate. Specifically, Complainant references pursuing his
claims 	through 	the 	OWCP 	process, 	during 	EEO 	counseling. 	However, 	the
Agency’s grounds for dismissal in the formal complaint, addressed herein, only
discussed failure to state a claim for the reason discussed above.

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ORDER (E0224)
The Agency is ordered to process the remanded claims in accordance with 29
C.F.R. § 1614.108. The Agency shall acknowledge to the Complainant that it has
received the remanded claims within thirty (30) calendar days of the date this
decision was issued. 	The Agency shall issue to Complainant a copy of the
investigative file and shall notify Complainant of the appropriate rights within one
hundred fifty (150) calendar days of the date this decision was issued, unless the
matter is otherwise resolved prior to that time. If the Complainant requests a final
decision without a hearing, the Agency shall issue a final decision within sixty
(60) days of receipt of Complainant’s request.
As 	provided 	in 	the statement 	entitled 	“Implementation 	of the Commission's
Decision,” the Agency must send to the Compliance Officer: 1) a copy of the
Agency’s letter of acknowledgment to Complainant, 2) a copy of the Agency’s
notice that transmits the investigative file and notice of rights, and 3) either a copy
of the complainant’s request for a hearing, or a copy of the final agency decision
(“FAD”) if Complainant does not request a hearing.
IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719)
Under 	29 	C.F.R. 	§ 	1614.405(c) 	and 	§ 	1614.502, 	compliance 	with 	the
Commission’s corrective action is mandatory. 	Within seven (7) calendar days of
the completion of each ordered corrective action, the Agency shall submit via the
Federal Sector EEO Portal (FedSEP) supporting documents in the digital format
required by the Commission, referencing the compliance docket number under
which compliance was being monitored. 	Once all compliance is complete, the
Agency shall submit via FedSEP a final compliance report in the digital format
required by the Commission. 	See 29 C.F.R. § 1614.403(g). 	The Agency’s final
report must contain supporting documentation when previously not uploaded, and
the Agency must send a copy of all submissions to the Complainant and his/her
representative.
If the Agency does not comply with the Commission’s order, the Complainant may
petition the Commission for enforcement of the order. 	29 C.F.R. § 1614.503(a).
The Complainant also has the right to file a civil action to enforce compliance with
the Commission’s order prior to or following 	an 	administrative petition 	for
enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g).

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Alternatively, the Complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled “Right to File a Civil
Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a
civil action on the underlying complaint is subject to the deadline stated in 42
U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). 	If the Complainant files a civil
action, the administrative processing of the complaint, including any petition
for enforcement, will be terminated. See 29 C.F.R. § 1614.409.
Failure by an agency to either file a compliance report or implement any of the
orders set forth in this decision, without good cause shown, may result in the
referral of this matter to the Office of Special Counsel pursuant to 29 C.F.R. §
1614.503(f) for enforcement by that agency.
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.

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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.
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 (R0124)
This is a decision requiring the Agency to continue its administrative processing of
your complaint. 	However, if you wish to file a civil action, you have the right to
file such action in an appropriate United States District Court within ninety (90)
calendar days from the date that you receive this decision. In the alternative, you
may file a civil action after one hundred and eighty (180) calendar days of the
date you filed your complaint with the Agency, or filed your appeal with the
Commission. 	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. Filing a civil action will terminate the administrative processing of your
complaint.

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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 23, 2026
Date