EEOC Appeal 2026003579

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Terrell C.,1
Petitioner,
v.
Hung Cao,
Acting Secretary,
Department of the Navy,
Agency.
Petition No. 2026003579
MSPB No. DC-0752-25-2598-I-1
DECISION
On August 6, 2026, Petitioner filed a timely petition with the Equal Employment
Opportunity Commission (EEOC or Commission) asking for review of a Final Order
issued by the Merit Systems Protection Board (MSPB) concerning his claim of
discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. § 2000e et seq.
BACKGROUND
At the time of events giving rise to this complaint, Petitioner worked as a Security
Officer at the Agency’s Navy Medicine Readiness and Training Command in Camp
Lejeune, North Carolina. Petitioner alleged that the Agency discriminated against
him when the Agency removed Petitioner from his federal position.
1 This case has been randomly assigned a pseudonym which will replace Petitioner’s
name when the decision is published to non-parties and the Commission’s website.

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On August 7, 2025, an MSPB Administrative Judge (AJ) issued an initial decision
dismissing the appeal for failure to prosecute.
Thereafter, on August 12, 2025, Petitioner’s representative submitted a Request to
vacate the initial decision. 	On September 17, 2025, an MSPB Case Management
Specialist issued a notice to Petitioner’s representative informing her that the intent
of her pleading was unclear and requesting that Petitioner’s representative clarify if
she 	intended 	for 	her 	submission 	to 	be 	a 	petition 	for 	review. 	Petitioner’s
representative did not respond to the MSPB until March 3, 2026, confirming that she
intended for her submission to be a petition for review and citing the MSPB’s
shutdown and her failure to see the alert from the MSPB for her failure to respond
until then.
Thereafter, Petitioner filed the instant petition for review. The Agency filed a brief
in response, urging that the petition be dismissed because the MSPB did not address
any issues within the Commission’s jurisdiction.
ANALYSIS
EEOC Regulations provide that the Commission has jurisdiction over mixed case
complaints on which the MSPB has issued a decision that makes determinations on
allegations of discrimination. 29 C.F.R. § 1614.303 et seq. The Commission must
determine whether the decision of the MSPB with respect to the allegation of
discrimination constitutes a correct interpretation of any applicable law, rule,
regulation or policy directive, and is supported by the evidence in the record as a
whole. 29 C.F.R. § 1614.305(c).
Here, because the AJ dismissed Petitioner’s appeal for failure to prosecute, the
MSPB did not render a decision on the merits of any allegations of discrimination.
We therefore have no jurisdiction to review the instant petition. 	See Mirta L. v.
Dep’t of Homeland Security, EEOC Appeal No. 2023001876 (Feb. 23, 2023).
CONCLUSION
Because 	the 	MSPB 	did 	not 	address 	any 	matters 	within 	the 	Commission’s
jurisdiction, we therefore DENY consideration of the petition for review.

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PETITIONER’S RIGHT TO FILE A CIVIL ACTION (W0124)
This 	decision 	of 	the 	Commission 	is 	final, and 	there 	is 	no 	further 	right 	of
administrative appeal from the Commission’s decision. You have the right to file a
civil action in an appropriate United States District Court, based on the decision of
the Merit Systems Protection Board, within thirty (30) calendar days of 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.
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
________________________ 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
9/21/2026
Date