EEOC Appeal 2025003553

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Norman H.,1
Complainant,
v.
Scott Bessent,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Appeal No. 2025003553
Agency No. IRS 24 0317
Hearing No. 480-2025-00071X
ORDER OF DISMISSAL
On February 20, 2026, Complainant filed a civil action (No. 2:25-cv-09186-JFW-
AGRx) in the United States District Court for the Central District of California. A
review of the complaint filed in the civil action reflects that the claims raised in the
civil action are the same as those raised in the EEO complaint currently pending on
appeal.
EEOC Regulation 29 C.F.R. § 1614.409 provides:
Filing a civil action under § 1614.407 or § 1614.408 shall terminate
Commission processing of the appeal. A Commission decision on an
appeal issued after a complainant files suit in district court will not be
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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enforceable by the Commission. If private suit is filed subsequent to the
filing of an appeal and prior to a final Commission decision, the
complainant should notify the Commission in writing.
Accordingly, 	the 	Commission 	will 	dismiss 	a 	pending 	appeal 	under 	these
circumstances 	to 	prevent 	a 	complainant 	from 	simultaneously 	pursuing 	both
administrative and judicial remedies on the same matters, wasting resources, and
creating the potential for inconsistent or conflicting decisions, and in order to grant
due deference to the authority of the federal district court. See, e.g., Wayne C. v.
Dep’t of Veterans Affs., EEOC Appeal No. 2020002855 (Oct. 6, 2020); Bart L. v.
Dep’t of Agric., EEOC Appeal Nos. 2020000098, 2020000100 (Mar. 10, 2021); Von
E. v. Dep’t of the Treasury, EEOC Appeal No. 2020004947 (Feb. 17, 2022).
CONCLUSION
Accordingly, EEOC Appeal No. 2025003553 must be, and is, 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. 	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).

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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