EEOC Appeal 2026001776

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Elroy K.,1
Complainant,
v.
Adam Telle,
Acting Secretary,
Department of the Army,
Agency.
Appeal No. 2026001776
Agency No. ARFTCAMP26FEB000162
DECISION
Complainant 	filed 	a timely 	appeal with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from a final decision by the Agency dated
July 10, 2026, finding that it was in compliance with the terms of a March 6, 2006
settlement agreement. See 29 C.F.R. § 1614.402; 29 C.F.R. § 1614.504(b); and 29
C.F.R. § 1614.405.
During the relevant time, Complainant worked as a Supervisory Sexual Assault
Response Coordinator at the Agency’s Sexual Harassment/Assault Response and
Prevention (SHARP) Program in Kentucky.
Believing that the Agency subjected him to unlawful discrimination, Complainant
filed a formal EEO complaint alleging that the Agency discriminated against him
based on race, color, and reprisal.
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 6, 2026, Complainant 	and 	the Agency 	entered into a settlement
agreement to resolve the matter. The settlement agreement contained, in pertinent
part, the following provisions:
4. [Complainant] agrees to:
d. Withdraw with prejudice the aforementioned EEO pre-complaint, as well as
any other complaints not specifically identified as administrative complaints,
grievances, 	or 	claims 	associated 	with 	his 	employment 	with 	the 	Army
through the effective date of this Agreement.
e. 	Refrain from continuing, initiating, or instituting any action with any court,
the EEO Commission, Merit System Protection Board, Office of Special
Counsel, Inspector General’s Office, or any other entity of any sort, against
the Secretary of the Army, or any other current or former Army officers,
officials or employees, in either their individual or official capacities, with
respect to any Employment Matters related to the occurring prior to the
effective date of this Agreement.
6. Pursuant to the provisions of the Older Worker’s Benefit Protection Act
(OWBPA), the [Complainant] acknowledges:
a. 	[Complainant] is waiving any and all rights and claims he may have under
the 	Age 	Discrimination 	in 	Employment 	Act 	of 	1967, 	as 	amended,
concerning the issues, claims or facts contained in the subject EEO pre-
complaint.
b. [Complainant] is aware that he is not waiving any rights or claims that may
arise after the date this Agreement is executed.
c. 	This Agreement is clearly written in a manner calculated to be understood
by [Complainant] and that he has, in fact, read and understands it.
d. The Agreement terms provide valuable consideration to [Complainant] in
addition to anything of value to which he already is entitled.
e. 	[Complainant] was given 21 days within which to consider this Agreement
before signing it.

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f. 	[Complainant] was advised to consult with his attorney before executing this
Agreement.
g. Execution of this Agreement by [Complainant] prior to the expiration of 21
days constitutes [Complainant’s] agreement to waive the 21-day timeframe
in (e) above.
h. [Complainant] may revoke this Agreement within seven calendar days
following the execution of this Agreement, and this Agreement shall not
become effective or enforceable until the revocation period has expired.
On July 10, 2026, the Agency issued a final agency decision. The Agency
described that Complainant was dissatisfied with the settlement agreement and
requested that provisions (4)(d) and (4)(e) be set aside, or that the agreement be
discontinued 	in 	its 	entirety. 	According 	to 	the 	Agency, 	Complainant 	was
dissatisfied 	with 	the 	agreement 	because 	it 	prevented 	him 	from 	pursuing 	a
complaint 	with 	the 	Inspector 	General. 	In 	addition, 	the 	Agency 	stated 	that
Complainant was dissatisfied because he was not afforded the 21-day review
period in provision (6)(e), and that he was instructed to sign the agreement “as
soon as possible,” which placed him under significant distress.
The Agency denied Complainant’s request to either void provisions (4)(d) and
(4)(e), or the entire agreement. The Agency reasoned that it had already fulfilled its
obligations under the settlement agreement, and there was no evidence of duress.
The Agency rejected Complainant’s argument that he was not afforded the 21-day
review period under provision (6)(e) and Complainant’s determination that all of
the provisions under paragraph (6) should be voided because it pertained to the
OWBPA, and 	Complainant did raise any allegations of age discrimination, which
negated the need for OWPA protections under paragraph (6).
On appeal, Complainant failed to explain the circumstances under which the
settlement agreement was presented. Complainant did not submit a statement or
brief in support of his appeal. Moreover, the record contains no copy of any email
which prompted Complainant’s assertions of duress, that there was insufficient
time to review the agreement, or that the agreement should be voided. The Agency
has submitted documentation to demonstrate that it fulfilled its obligations.

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Complainant has not offered any argument or evidence to counter the Agency’s
evidence. Therefore, we find that Complainant has failed to prove his case by a
preponderance of the evidence.
The Agency’s decision 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 signatu
T. Gimbrere, Acting Director
Office of Federal Sector
September 14, 2026
Date