EEOC Appeal 2026002837

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Charles B.,1
Complainant,
v.
Scott Kupor,
Director,
Office of Personnel Management,
Agency.
Appeal No. 2026002837
Agency No. 2014002
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated April 10,
2026, 	dismissing 	his 	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. For the following reasons, the Commission DISMISSES the
appeal.
At the time of events giving rise to this complaint, Complainant was an employee
of 	the 	Department 	of 	Transportation’s 	Federal 	Aviation 	Administration.
Complainant terminated his insurance plan offered under the Federal Employees
Health 	Benefits 	(FEHB) 	program 	in 	December 	2012. 	On 	October 	9, 	2013,
Complainant filed a formal complaint alleging that the Agency subjected him to
discrimination on the basis of religion (Christian/Roman Catholic) when, on
December 21, 2012, the Government Employees Health Association (GEHA)
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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FEHB program covered artificial contraceptives with no co-pay or deductible,
which violated the moral teachings of his religion.
On April 10, 2026, the Agency issued a final decision dismissing the formal
complaint pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim.
Complainant filed the instant appeal. On appeal, Complainant requests that the
Commission reverse the Agency’s dismissal of his complaint for failure to state a
claim because he was aggrieved within the meaning of the regulations. In response
to the instant appeal, the Agency requests the Commission affirm the Agency’s
final decision dismissing Complainant’s complaint for failure to state a claim.
ANALYSIS
The Commission has applied the doctrine of laches where complainants have not
acted with diligence to pursue their cases after agencies failed to process cases.
The doctrine of laches is an equitable remedy under which an individual’s failure
to diligently pursue his course of action could bar his claim. See Hong v. Dep’t of
Veterans Affairs, EEOC Appeal 0120100584 (Apr. 27, 2010) (Laches applied
where Complainant, an EEO Manager, took no action to prompt the agency to
process his two complaints for some nine years); ( Nichols, Jr. v. U.S. Postal Serv.,
EEOC Appeal No. 01A60899 (Apr. 13, 2006) (agency took no action after
appellant filed a complaint. Laches applied when a complainant, who had some
familiarity with the EEO process because of prior EEO activity, waited five years
to ask the agency about the status of his complaint); Rai v. Office of Personnel
Management, EEOC Appeal No. 01983894 (June 2, 1999)(agency failed to send
appellant a notice of right to file a complaint after appellant had EEO counseling.
Laches applied where appellant waited almost three years to contact the EEO
office about the matter).
Complainant filed his formal complaint on October 10, 2013. In response, the
Agency sent Complainant an Acknowledgement Letter on October 10, 2013. In the
letter, the Agency acknowledged receipt of Complainant’s formal complaint and
informed Complainant that the Agency would determine whether to accept or
dismiss 	the 	complaint 	based 	upon 	the 	pertinent 	regulations. 	The 	letter 	also
informed Complainant that if his complaint was dismissed, he would have the right
to appeal. The Agency issued its final decision on April 10, 2026, dismissing the
complaint for failure to state a claim.

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The Agency issued its final decision over twelve years after Complainant filed his
formal complaint. The record does not contain any evidence that Complainant
contacted the Agency to inquire about the status of his case during those twelve
and half years. The record does contain another final agency decision dated June 6,
2013, 	issued 	by 	Complainant’s 	employing 	Agency, 	the 	Department 	of
Transportation’s Federal Aviation Administration regarding the same issues as the
instant matter. Therefore, the record shows Complainant had EEO activity prior to
the 	instant 	complaint 	so 	he 	should 	have 	been 	familiar 	with 	the 	Agency’s
timeframes for processing.
Given that Complainant had some familiarity with the EEO process, we find that
complainant's failure to act more diligently is sufficient to warrant dismissal of his
appeal applying the doctrine of laches. 	Complainant’s failure to pursue his EEO
claim for over 10 years shows a failure to act with due diligence, and we hereby
dismiss his appeal. 	Given our finding herein, we do not reach the question of
whether Complainant’s complaint fails to state a claim.
CONCLUSION
Accordingly, Complainant’s appeal is hereby DISMISSED.
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.

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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.
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.

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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. 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 16, 2026
Date