2026001726•EEOC Appeal 2026001726
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Reita M.,1 Complainant, v. Scott Bessent, Secretary, Department of the Treasury, Agency. Appeal No. 2026001726 Agency No. IRS-26-0193 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's final decision dated March 24, 2026, dismissing a formal 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. During the period at issue, Complainant worked as a Government Information Specialist at the Agency’s facility in Dallas, Texas. On February 21, 2026, Complainant filed a formal complaint alleging that the Agency subjected her to 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.
2 2026001726 discrimination on the bases of disability and in reprisal2 for prior protected EEO activity. Complaint File at 62-72.3 In its final decision, dated March 24, 2026, the Agency framed Complainant’s claims in the following fashion: Whether Complainant was discriminated against, included being subjected to harassment, based on disability when: 1. Since March 2025, and ongoing management has failed to provide Complainant with an effective alternative accommodation, and denied her request for full-time telework and a split workday as a reasonable accommodation. 2. Since November 18, 2025, and ongoing, Complainant’s manager has declined to grant Complainant’s request for intermitted Family and Medical Leave Act (FMLA) leave, despite, the Federal Occupational Health (FOH) confirmation that Complainant had a serious medical condition that qualified for FMLA. 3. On January 12, 2026, Complainant was issued a reprimand on her EQ review. 4. On February 18, 2026, Complainant’s request for situational telework was denied. 5. On February 18, 2026, Complainant was issued a counseling memorandum for working after 6 p.m. 2 While the Agency’s final decision does not list reprisal as a basis to Complainant’s complaint, Complainant appears to allege the basis of reprisal for at least some of the alleged incidents in an attachment to her formal complaint. Complaint File at 71. 3 Our citations to the Complaint File reference the page number of the pdf document before us on appeal.
3 2026001726 6. On or about March 6, 2026, Complainant’s manager denied her request to file a grievance on the denial of her [reasonable accommodation]. 7. Complainant was subjected to harassment… a. On unspecified dates, Complainant was subjected to “scolding” and “rudeness” by her manager. b. On an unspecified date, Complainant’s manager informed her she could not take leave and earn credit hours on the same day. Complaint File at 25-26. The Agency dismissed the formal complaint for failing to raise these matters with an EEO Counselor. Complaint File at 26. The Agency reasoned as follows: The [Report of Counseling] indicates that an initial interview was not conducted with Complainant. In response to an inquiry from the [Agency’s EEO Office] regarding Complainant’s engagement in informal counseling, the EEO Counselor stated attempts were made to contact Complainant via email on January 21, 2026, and via telephone on February 8, 2026; however, Complainant failed to respond…Due to Complainant’s failure to engage in informal counseling, the EEO Counselor issued Complainant a [Notice of Right to File a Formal Complaint]…Because Complainant failed to engage in informal counseling, we are unable to determine whether the additional claims Complainant requested to add to her formal complaint are like or related to matters discussed with the Counselor. Complaint File at 26. The instant appeal followed. On appeal, Complainant asserts that the Agency improperly dismissed her complaint. Complainant asserts that when she contacted the EEO Office on January 8, 2026, she stated that she wanted to file a complaint pertaining to disability discrimination and refusal to provide reasonable accommodations. Complainant Initial Appeal Statement at 1.4 Complainant 4 Our citations to Complainant’s Initial Appeal Statement refer to the document she uploaded to the EEO Portal on March 26, 2026, entitled “EEOC Dismissal
4 2026001726 further asserts that she responded to an email from the Agency’s EEO Office on January 13, 2026, in which she answered various questions from the EEO office regarding her claims. Complainant’s Initial Appeal Statement at 1-4. Complainant states that she also responded to an email on January 21, 2026, from the Agency EEO Counselor requesting she approve an extension to continue counseling. Complainant’s Initial Appeal Statement at 5. Complainant asserts that she responded to the Agency’s email indicating that she wished to file her formal complaint “at the 30th day mark.” Id. at 5. In response, the Agency requests that we affirm its final decision. The Agency’s decision to dismiss a complaint is subject to de novo review by the Commission, which requires the Commission to examine the record without regard to the factual and legal determinations of the previous decision maker and issue its decision based on the Commission’s own assessment of the record and its interpretation of the law. 29 C.F.R. § 1614.405(a). The Commission should construe the complaint in the light most favorable to the complainant and take the complaint’s allegations as true. See Cobb v. Department of the Treasury, EEOC Request No. 05970077 (March 13, 1997). Thus, all reasonable inferences that may be drawn from the complaint’s allegations must be made in favor of the complainant. The Agency improperly dismissed Complainant’s complaint for failure to raise her claims with an EEO Counselor. The record reflects that Complainant sent an email to the Agency’s EEO Office on January 8, 2026, stating “I’d like to file a complaint regarding disability discrimination and refusal to provide reasonable accommodations…” Complainant’s Evidence on Appeal at 4.5 On January 13, 2026, the Agency’s EEO Office emailed Complainant with various questions pertaining to her claims. Id. at 3. On January 13, 2026, Complainant responded to Appeal.” Our citations to this document reference the page number of the pdf document before us on appeal. 5 Our citations to “Complainant’s Evidence on Appeal” refers to the document she uploaded to the EEO Portal entitled “EEO Dismissal Appeal Evidence.” Our citations to the document reference the page number of the pdf document before us on appeal.
5 2026001726 the email and answered, in detail, the questions of the Agency’s EEO Office regarding her claims.6 Id. at 1-3. On January 21, 2026, the Agency’s EEO Counselor sent Complainant an email requesting that Complainant sign an extension form. Complainant’s Evidence on Appeal at 6. Complainant responded to this email the same day, January 21, 2026, stating that she would like to maintain her right to file a formal complaint at the thirty-day mark. Id. In an email to Complainant from the EEO Counselor dated March 24, 2026, the EEO Counselor sets forth that Complainant responded, via email, on January 21, 2026, that she wanted her case counseling within the thirty- day time limit. The EEO Counselor asserts that Complainant’s failure to sign the extension request resulted in the Notice of Right to File being issued. Id. at 12. Complainant also sets forth that the Agency’s EEO Office did not contact her via phone on February 8, 2026. Complainant’s Initial Appeal Statement at 5. The Agency does not provide evidence that it contacted Complainant on this date. Based on the foregoing, we find that the Complainant properly raised her claims with an EEO Counselor. We further find that subsequent claims raised by Complainant are like or related to the matters she initially raised during EEO Counseling (i.e. Complainant being denial a reasonable accommodation and subjected to harassment).7 We find, however, that Complainant’s claim pertaining to the Agency not approving her requests for FMLA Leave (claim (2)) is properly dismissed for failure to state a claim. The Commission has held that an employee cannot use the EEO complaint process to lodge a collateral attack on another proceeding. See 6 The Complaint File submitted by the Agency does not contain a copy of Complainant’s email dated January 13, 2026. The Intake Form also contains detailed information regarding Complainant’s claims. Complaint File at 48-50. 7 The record reflects that Complainant contacted the EEO Office again via email on February 18, 2026. Complainant’s Evidence on Appeal at 10. The Agency’s EEO Office responded to Complainant via email on that same day. Id. Therein, the Agency’s EEO Office advised Complainant that if she had an open complaint, she could add additional claims to her open case. Id. The complaint file submitted by the Agency does not contain a copy of this email exchange dated February 18, 2026.
6 2026001726 Wills v. Dep’t of Def., EEOC Request No. 05970596 (July 30, 1998); Lingad v. U.S. Postal Serv., EEOC Appeal No. 05930106 (June 25, 1993). A claim that can be characterized as a collateral attack involves a challenge to another forum’s proceeding, including challenges pertaining to decisions involving the FMLA. Stensgard v. U.S. Postal Serv., EEOC Appeal No. 0120122478 (Sept. 26, 2012). The FMLA falls under the regulatory ambit of the Department of Labor, not the Commission. Id. We also find that claim (6), that management would not allow Complainant to file a grievance on being denied a reasonable accommodation, is properly dismissed for failure to state a claim. We find that this matter is a collateral attack on the Agency’s grievance process. Accordingly, we AFFIRM the dismissal of claims (2) and (6) for the reasons set forth herein. However, we REVERSE the Agency’s dismissal of the remainder of Complainant’s claims and we REMAND this matter to the Agency for further processing in accordance with the Order below. ORDER (E0224) The Agency is ordered to process the remanded claims in accordance with 29 C.F.R. § 1614.108. The Agency shall acknowledge to the Complainant that it has received the remanded claims within thirty (30) calendar days of the date this decision was issued. The Agency shall issue to Complainant a copy of the investigative file and also shall notify Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date this decision was issued, unless the matter is otherwise resolved prior to that time. If the Complainant requests a final decision without a hearing, the Agency shall issue a final decision within sixty (60) days of receipt of Complainant’s request. As provided in the statement entitled “Implementation of the Commission's Decision,” the Agency must send to the Compliance Officer: 1) a copy of the Agency’s letter of acknowledgment to Complainant, 2) a copy of the Agency’s notice that transmits the investigative file and notice of rights, and 3) either a copy of the complainant’s request for a hearing, or a copy of the final agency decision (“FAD”) if Complainant does not request a hearing.
7 2026001726 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 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:
8 2026001726 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. 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).
9 2026001726 COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (T0124) This decision affirms the Agency’s final decision/action in part, but it also requires the Agency to continue its administrative processing of a portion of your complaint. 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 on both that portion of your complaint which the Commission has affirmed and that portion of the complaint which has been remanded for continued administrative processing. 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 your appeal with the Commission, until such time as the Agency issues its final decision on your complaint. 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.
10 2026001726 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 signature T. Gimbrere, Acting Director Office of Federal Sector September 17, 2026 Date
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