EEOC Appeal 2025001692

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Ralph E.,1
Complainant,
v.
Adam R. Telle,
Acting Secretary,
Department of the Army,
Agency.
Appeal No. 2025001692
Agency No. ARBELVOIR24NOV00374
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC 	or 	Commission), 	concerning 	her 	complaint 	of unlawful 	employment
discrimination in violation of the Age Discrimination in Employment Act of 1967
(ADEA), as amended, 29 U.S.C. § 621 et seq.
At the time of events, giving rise to this complaint, Complainant worked as a
Program Analyst at the Agency’s Army Acquisition Support Center in Fort Belvoir,
Virginia.
On January 29, 2024, Complainant filed an EEO complaint alleging that the Agency
subjected her to discrimination and a hostile work environment on the bases of age
(47) and reprisal (prior protected EEO activity) when, on November 19, 2023, she
received a Standard Form 50 notification of personnel action with an action of
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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realignment effective December 17, 2023, from NH-0343-04 Program Analyst
Program Executive Office Enterprise Information Systems (PEO EIS) Product Lead
Computer Hardware Enterprise Software and Solutions to NH-0343-4 Program
Analyst PEO Enterprise Information Systems Z PD Enterprise Services- ES Fort
Belvoir, VA 22060.
At the conclusion of the investigation, the Agency provided Complainant with a
copy of the report of investigation and notice of her right to request a hearing before
an EEOC Administrative Judge. Complainant requested a final agency decision.
The Agency never issued a FAD. Complainant filed this appeal on February 14,
2025, seeking default judgment as the FAD (at the time) was 144 days late.
The Commission's regulations at 29 C.F.R. § 1614.110(b) state that when an Agency
has received a request for an immediate FAD, the Agency shall take final action by
issuing an FAD “within 60 days of receiving notification that Complainant has
requested an immediate decision from the Agency.” In the instant case, there is no
dispute that the Agency was required to issue its FAD as of Monday, October 21,
2024. No FAD has been issued to date.
The Agency has not offered any explanation or argument on appeal. Accordingly,
we REMAND this matter for issuance of a final agency decision. See Ranae L. v.
Dep’t. of Veterans Affairs, EEOC Appeal No. 2024000954 (Aug. 27, 2025). The
Agency shall comply with the Order as set forth below.2
ORDER
Within thirty (30) days of the date this decision is issued, the Agency shall issue a
final decision, addressing Complainant's complaint of discrimination, pursuant to 29
C.F.R. § 1614.110(b).
IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719)
Under 29 C.F.R. § 1614.405(c) and §1614.502, compliance with the Commission’s
corrective action is mandatory. Within seven (7) calendar days of the completion of
2 With regard to Complainant's request for sanctions against the Agency, we find
that this matter is prematurely raised at this time and should be addressed after a
final decision is issued.

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each ordered corrective action, the Agency shall submit via the Federal Sector EEO
Portal (FedSEP) supporting documents in the digital format required by the
Commission, referencing the compliance docket number under which compliance
was being monitored. Once all compliance is complete, the Agency shall submit via
FedSEP a final compliance report in the digital format required by the Commission.
See 29 C.F.R. § 1614.403(g). 	The Agency’s final report must contain supporting
documentation when previously not uploaded, and the Agency must send a copy of
all submissions to the Complainant and his/her representative.
If the Agency does not comply with the Commission’s order, the Complainant may
petition the Commission for enforcement of the order. 	29 C.F.R. § 1614.503(a).
The Complainant also has the right to file a civil action to enforce compliance with
the Commission’s order prior to or following 	an 	administrative petition 	for
enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g).
Alternatively, the Complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled “Right to File a Civil
Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a
civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C.
2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the
administrative 	processing 	of 	the 	complaint, 	including 	any 	petition 	for
enforcement, will be terminated. See 29 C.F.R. § 1614.409.
Failure by an agency to either file a compliance report or implement any of the orders
set forth in this decision, without good cause shown, may result in the referral of this
matter to the Office of Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for
enforcement by that agency.
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.

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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.
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 (R0124)
This is a decision requiring the Agency to continue its administrative processing of
your complaint. However, if you wish to file a civil action, you have the right to file
such action in an appropriate United States District Court within ninety (90)
calendar days from the date that you receive this decision.

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In the alternative, you may file a civil action after one hundred and eighty (180)
calendar days of the date you filed your complaint with the Agency, or filed your
appeal with the Commission. 	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. 	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 29, 2026
Date