2026001776•EEOC Appeal 2026001776
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Elroy K.,1 Complainant, v. Adam Telle, Acting Secretary, Department of the Army, Agency. Appeal No. 2026001776 Agency No. ARFTCAMP26FEB000162 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a final decision by the Agency dated July 10, 2026, finding that it was in compliance with the terms of a March 6, 2006 settlement agreement. See 29 C.F.R. § 1614.402; 29 C.F.R. § 1614.504(b); and 29 C.F.R. § 1614.405. During the relevant time, Complainant worked as a Supervisory Sexual Assault Response Coordinator at the Agency’s Sexual Harassment/Assault Response and Prevention (SHARP) Program in Kentucky. Believing that the Agency subjected him to unlawful discrimination, Complainant filed a formal EEO complaint alleging that the Agency discriminated against him based on race, color, and reprisal. 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.
2026001776 2 On March 6, 2026, Complainant and the Agency entered into a settlement agreement to resolve the matter. The settlement agreement contained, in pertinent part, the following provisions: 4. [Complainant] agrees to: d. Withdraw with prejudice the aforementioned EEO pre-complaint, as well as any other complaints not specifically identified as administrative complaints, grievances, or claims associated with his employment with the Army through the effective date of this Agreement. e. Refrain from continuing, initiating, or instituting any action with any court, the EEO Commission, Merit System Protection Board, Office of Special Counsel, Inspector General’s Office, or any other entity of any sort, against the Secretary of the Army, or any other current or former Army officers, officials or employees, in either their individual or official capacities, with respect to any Employment Matters related to the occurring prior to the effective date of this Agreement. 6. Pursuant to the provisions of the Older Worker’s Benefit Protection Act (OWBPA), the [Complainant] acknowledges: a. [Complainant] is waiving any and all rights and claims he may have under the Age Discrimination in Employment Act of 1967, as amended, concerning the issues, claims or facts contained in the subject EEO pre- complaint. b. [Complainant] is aware that he is not waiving any rights or claims that may arise after the date this Agreement is executed. c. This Agreement is clearly written in a manner calculated to be understood by [Complainant] and that he has, in fact, read and understands it. d. The Agreement terms provide valuable consideration to [Complainant] in addition to anything of value to which he already is entitled. e. [Complainant] was given 21 days within which to consider this Agreement before signing it.
2026001776 3 f. [Complainant] was advised to consult with his attorney before executing this Agreement. g. Execution of this Agreement by [Complainant] prior to the expiration of 21 days constitutes [Complainant’s] agreement to waive the 21-day timeframe in (e) above. h. [Complainant] may revoke this Agreement within seven calendar days following the execution of this Agreement, and this Agreement shall not become effective or enforceable until the revocation period has expired. On July 10, 2026, the Agency issued a final agency decision. The Agency described that Complainant was dissatisfied with the settlement agreement and requested that provisions (4)(d) and (4)(e) be set aside, or that the agreement be discontinued in its entirety. According to the Agency, Complainant was dissatisfied with the agreement because it prevented him from pursuing a complaint with the Inspector General. In addition, the Agency stated that Complainant was dissatisfied because he was not afforded the 21-day review period in provision (6)(e), and that he was instructed to sign the agreement “as soon as possible,” which placed him under significant distress. The Agency denied Complainant’s request to either void provisions (4)(d) and (4)(e), or the entire agreement. The Agency reasoned that it had already fulfilled its obligations under the settlement agreement, and there was no evidence of duress. The Agency rejected Complainant’s argument that he was not afforded the 21-day review period under provision (6)(e) and Complainant’s determination that all of the provisions under paragraph (6) should be voided because it pertained to the OWBPA, and Complainant did raise any allegations of age discrimination, which negated the need for OWPA protections under paragraph (6). On appeal, Complainant failed to explain the circumstances under which the settlement agreement was presented. Complainant did not submit a statement or brief in support of his appeal. Moreover, the record contains no copy of any email which prompted Complainant’s assertions of duress, that there was insufficient time to review the agreement, or that the agreement should be voided. The Agency has submitted documentation to demonstrate that it fulfilled its obligations.
2026001776 4 Complainant has not offered any argument or evidence to counter the Agency’s evidence. Therefore, we find that Complainant has failed to prove his case by a preponderance of the evidence. The Agency’s decision 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). 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.
2026001776 5 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. 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.
2026001776 6 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 Gul Chaudhry’s signatu T. Gimbrere, Acting Director Office of Federal Sector September 14, 2026 Date
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