EEOC Appeal 2026002750

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Gabriele G.,1
Complainant,
v.
Scott Bessent,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Appeal No. 2026002750
Hearing No. 560-2025-00021X
Agency No. IRS-24-0233
DISMISSAL OF APPEAL
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC or Commission) from the Agency’s final order, dated April 16, 2026,
concerning her 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. and the Age Discrimination in Employment Act of 1967 (ADEA), as
amended, 29 U.S.C. § 621 et seq.
EEOC Regulation 29 C.F.R. § 1614.402 provides that appeals must be filed with
the Commission within 30 calendar days after complainants receive notice of the
Agency’s order. The record reveals that the Agency electronically mailed its final
order to Complainant’s email address of record on April 16, 2026.
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.

2026002750	2
The record shows that Complainant’s appeal was received by the Commission on
June 2, 2026, which was beyond the 30-day time limit set by the regulations. The
record reveals that the Agency’s order explicitly informed Complainant of the time
limits on her right to appeal and how to submit her appeal to the Commission.
On appeal, Complainant reports that she made a mistake when uploading the
appeal documents. 	The record shows that she submitted documentation to the
EEOC Administrative Judge who had been assigned her hearing request. 	The
Commission has held that, where proper appeal rights have been given, an appeal
is untimely filed where the appeal is mailed to the wrong office, even if it would
have been timely filed if mailed directly to the Commission. 	Chau B. v. Dep’t of
the Army, EEOC Appeal No. 0120170276 (Nov. 22, 2016) (citing Pacheco v. U.S.
Postal Serv., EEOC Request No. 05930700 (Sep. 10, 1993). 	Furthermore, the
Commission has applied this principle where a complainant filed an appeal to the
wrong Commission office. See Alden V. v. Consumer Fin. Prot. Bureau, Appeal
No. 2022002340 (July 5, 2023), req. for reconsid. den’d, EEOC Request No.
2023004432 (Mar. 4, 2025) (citing Complainant v. Dep’t of the Navy, EEOC
Appeal No. 0120133129 (Feb. 12, 2015). In the instant case, the record establishes
that Complainant did not properly file the instant appeal with the Commission
within the applicable time frame despite Complainant receiving proper appeal
instructions. 	On appeal, Complainant does not submit sufficient justification to
invoke waiver or equitable tolling for filing the appeal.
Accordingly, the appeal is DISMISSED as untimely filed pursuant to 29 C.F.R.
§1614.403(c).
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.

2026002750	3
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 (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.

2026002750	4
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. 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 24, 2026
Date