EEOC Appeal 2026001530

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Isabelle G.,1
Complainant,
v.
Marco Rubio,
Secretary,
Department of State,
Agency.
Appeal No. 2026001530
Agency No. DOS-291-25
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated February
12, 2026, dismissing 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. 	Upon review, the Commission finds that Complainant's
complaint was properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(2), for
untimely EEO Counselor contact.
At the time of events giving rise to this complaint, Complainant worked as a
Foreign Affairs Officer in the Bureau of Western Hemisphere Affairs, Office of
Migration Affairs. 	On December 17, 2025, Complainant filed a formal complaint
alleging that the Agency subjected her to hostile workplace discrimination on the
bases of race (African-American), sex (female), color (Black), and reprisal for
prior protected EEO activity when:
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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1. On February 6, 2025, Complainant learned that she was going to be
terminated 	from 	her 	position 	as 	a 	Foreign 	Affairs 	Officer, 	effective
February 24, 2025.
2. She was subjected to, among other things, unwanted comments about
race; increased 	scrutiny of 	her responsibilities, humiliation; denial 	of
training requests; performances since July 31, 2024, and as recently as
February 6, 2025.
The Agency dismissed the complaint for untimely EEO Counselor contact. The
Agency explained that on February 24, 2025, Complainant sent an e-mail to the
Agency’s 	Civil 	Rights 	Office 	(CRO) 	indicating 	that 	she 	wanted 	to 	file 	a
discrimination complaint against her supervisor. On the following day, February
25, 2025, the Agency’s CRO responded by e-mail to Complainant, providing a
brief overview of the informal EEO complaint process, including the 45-day
timeframe 	applicable 	to 	making 	Counselor 	contact, 	as 	well 	as 	instructing
Complainant to answer a pre-complaint questionnaire if she wanted to initiate the
EEO process. However, the Agency noted that Complainant did not respond until
July 10, 2025. The Agency further noted that on September 25, 2024, Complainant
had completed No FEAR Act Training which provided information about the EEO
process and the 45-calendar day timeframe.
Complainant filed an appeal stating that she did not answer the required pre-
complaint questionnaire within the 45-day period because of depression and
financial hardship as a single parent caring for a young child. Complainant
further states that because of losing her job, she could no longer afford internet
access.
EEOC Regulation 29 C.F.R. §1614.105(a)(1) provides that an aggrieved person
must initiate contact with an EEO Counselor within forty-five (45) days of the date
of the matter alleged to be discriminatory or, in the case of a personnel action,
within forty-five (45) days of the effective date of the action.
A complainant satisfies the requirement of EEO counselor contact by contacting an
agency official “logically connected” with the EEO process and by exhibiting an
intent to begin the EEO process. See Jayna A. v. U.S. Postal Serv., EEOC Appeal
No. 2019000179 (Nov. 29, 2018), citing Cristantiello v. Dep't of the Army, EEOC
Appeal No. 01992817 (Dec. 19, 2000), Cox v. Dep't of Hous. and Urban Dev.,

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EEOC Request No. 05980083 (July 30, 1998); Allen v. U.S. Postal Serv., EEOC
Request No. 05950933 (July 9, 1996); Jones v. Dep't of the Army, EEOC Request
No. 05900435 (Sept. 7, 1990). See also, Samuel C. v. Dep’t of Def., EEOC Appeal
No. 2022004669 (Dec. 19, 2022).
The record discloses that the alleged, most recent discriminatory event occurred on
February 	24, 	2025, 	but 	Complainant 	did 	not 	initiate 	contact 	with 	an 	EEO
Counselor with an intent to pursue the EEO process until July 10, 2025, which is
well beyond the forty-five (45) day limitation period. While the record shows that
on February 24, 2025, Complainant sent an e-mail to the Agency’s CRO indicating
that she wanted to file a discrimination complaint against her supervisor, she failed
to 	immediately 	follow-up 	by 	completing 	the 	pre-complaint 	questionnaire
indicating she wanted to initiate the EEO process. Complainant failed to exhibit an
intent to begin the EEO process. Id. 	Again, Complainant did not follow-up with
the Agency until July 10, 2025. Furthermore, Complainant concedes in her appeal
statement that she did not act within the prescribed 45-day limitation period.
Moreover, the Commission has consistently held, in cases involving physical or
mental health difficulties, that an extension is warranted only where an individual
is so incapacitated by her condition that she is unable to meet the regulatory time
limits. See Minardi v. Dep’t of Homeland Sec., EEOC Request No. 0520080071
(Nov. 16, 2007); Davis v. U.S. Postal Serv., EEOC Request No. 05980475 (Aug. 6,
1998); Crear v. U.S. Postal Serv., EEOC Request No. 05920700 (Oct. 29, 1992).
We find in the instant case that, although we are sympathetic to the difficulties
endured by Complainant, she failed to demonstrate that she was so incapacitated or
unavailable such that the time limit should be waived in this case.
Accordingly, the Agency's final decision dismissing Complainant's complaint 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

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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).

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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. 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 15, 2026
Date