EEOC Appeal 2026002721

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Sharon C.,1
Complainant,
v.
Robert F. Kennedy, Jr.,
Secretary,
Department of Health and Human Services
(Centers for Medicare and Medicaid Services),
Agency.
Appeal No. 2026002721
Agency No. HHS-CMS-0166-2026
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC 	or 	Commission) 	from 	the 	Agency's 	decision 	dated 	April 	20, 	2026,
dismissing her 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. 	For the following reasons, the Commission AFFIRMS the
Agency’s final decision dismissing the complaint.
At the time of events giving rise to this complaint, Complainant was employed by
the agency as a Health Insurance Specialist, GS-0170-13, at the Agency’s facility
in Lawrenceville, Georgia. 	On February 13, 2026, Complainant filed a complaint
alleging that the Agency subjected her to discrimination on the basis of disability
(Association/Relationship with a Person with a Disability) when:
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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a. 	On February 5, 2025, Complainant experienced loss of employment in her
resignation under the Deferred Resignation Program (DRP), resulting from
the 	Agency’s 	failure 	to 	clarify 	or 	address 	Complainant’s 	disability
association-based workplace limitation.
b. From February 11, 2025, through February 28, 2025, the Agency failed to
engage in a meaningful interactive process regarding Complainant’s existing
approved hardship agreement during “Return to Office” implementation.
On April 20, 2026, the Agency dismissed Complainant’s complaint for untimely
EEO Counselor contact. Additionally, the Agency found Complainant waived her
right to challenge her claims due to her acceptance of an agreement under the DRP.
On February 27, 2025, Complainant signed an agreement to enter into the DRP.
Pursuant to the DRP agreement, Complainant’s last day working at the Agency
was February 28, 2025. 	Thereafter, she was placed on administrative leave, and
was to remain on paid administrative leave through September 30, 2025, or an
earlier date on which she may choose to resign or otherwise separate from federal
service. The DRP agreement provided, in pertinent part,
11. 	By signing this agreement, the parties acknowledge that they have
entered the agreement knowingly, voluntarily, and free from improper
influence, coercion, or duress…Employee cannot rescind this agreement,
except in the sole discretion of the Department Head, which shall not be
subject to review at the Merit Systems Protection Board (MSPB), Equal
Employment Opportunity Commission (EEOC) or any other forum, and
waives all right to challenge the resignation before the MSPB, EEOC, or any
other forum…
14. 	Employee forever waives, and will not pursue through any judicial,
administrative, or other process, any action against [Agency] or any other
agency or instrumentality of the federal government that is based on, arising
from, or related to Employee’s employment at [Agency] or the deferred
resignation offer, including any and all claims that were or could have been
brought concerning said matters.
On May 31, 2026, Complainant filed the instant appeal arguing that the Agency’s
dismissal of her complaint was improper. Specifically, she argues the Agency did
not analyze whether her claims fell within the scope of the DRP’s waiver language.

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Further, she argues that her waiver was not voluntary due to the Agency’s failure
to 	address 	her 	disability 	association-based 	workplace 	limitation. 	We 	find
Complainant’s claims were properly dismissed since under the DRP Complainant
waived her right to challenge her resignation and those claims arising from her
employment that could have been raised. 	Upon review, we find there is no
persuasive evidence that the waiver of her complaint was not knowing and
voluntary or that she was coerced into entering into the DRP or withdrawing the
complaint. Further, we find Complainant received valid consideration pursuant to
the terms of the settlement agreement, when she was paid her salary while not
being required to work.2
Accordingly, the Agency’s final decision dismissing the 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).
2 Given our disposition, we do not address the Agency’s dismissal of the instant
complaint for untimely EEO Counselor contact.

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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. 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.

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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 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 16, 2026
Date