2025003166•EEOC Appeal 2025003166
Testo completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Joey B.,1 Complainant, v. Frank Bisignano, Commissioner, Social Security Administration, Agency. Appeal No. 2025003166 Agency No. KC-24-0036-SSA DECISION On June 17, 2025, Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s June 16, 2025, final decision (FAD) concerning an equal employment opportunity (EEO) complaint claiming employment discrimination in violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq. For the following reasons, the Commission MODIFIES the Agency’s final decision. During the relevant time, Complainant worked as an Administrative Law Judge (ALJ), AL-15, in Seattle, Washington. 1. On January 20, 2024, Complainant filed a formal EEO complaint alleging that the Agency discriminated against him based on disability (vision impairment) and, for Claims 3 - 5, in reprisal for prior 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.
2025003166 2 protected EEO activity under Section 501 of the Rehabilitation Act of 1973 when: From August 10 – September 21, 2023, he was not provided a reasonable accommodation in the form of a substitute reader/assistant when his usual assistant was on leave;2 2. From September 11 – January 17, 2024, he was not provided a reasonable accommodation when he was prohibited from using a voice recorder and taking cassette tapes home; 3. Beginning on August 3, 2023, and continuing, he was subjected to harassment when he was counseled for processing a late case, his attorney was not notified of an in-person meeting, the Agency refused to communicate with his attorney via email, he was not provided a substitute reader/assistant when his current assistant was on leave, he was barred from using a voice recorder and taking cassette tapes home, he was admonished for exchanging pleasantries with his assistant, he was instructed to report in person to court, and “other working conditions”; 4. On August 3, 2023, he received counseling for processing a case late. 5. On August 8, 2023, he was instructed to report, in person, to court; and 6. Since May 18, 2023, he was not provided a reasonable accommodation, regarding his request for a qualified reader/assistant. 2 The record establishes that this claim is more accurately characterized as a denial of accommodation because the substitute readers/assistants assigned during his usual assistant’s absences were allegedly unable to help him, i.e., the accommodation provided was ineffective, rather than a straight-forward denial of a request for accommodation. Moreover, the exact dates for this claim are unclear. Both the EEO Counselor’s Report and the formal complaint reference September 20, 2023, with the EEO Counselor’s report indicating that the relevant time runs from that date for two and one-half weeks.
2025003166 3 In a decision dated February 7, 2024, the Agency accepted Claims 1 - 3 for investigation. However, the Agency dismissed Claims 4 - 6. In so doing, the Agency determined that Claims 4 and 5 were untimely raised with an EEO Counselor and that Claim 6 stated the same claim as previously raised and dismissed as untimely in Agency No. KC-22-0492. After an investigation of Claims 1 - 3, the Agency provided Complainant with a copy of the report of investigation and notice of his right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ). Complainant requested a hearing but the AJ, upon a Motion from the Agency, dismissed the request as untimely, finding that Complainant requested a hearing more than one month after the filing deadline of July 15, 2024. As a result, on April 17, 2025, the EEOC AJ remanded the complaint to the Agency for a final decision. The Agency issued a final decision, finding no discrimination. Complainant did not submit a statement or brief on appeal. In response, the Agency argues that the AJ properly dismissed the hearing request and that Complainant’s appeal should be dismissed. As this is an appeal from a decision issued without a hearing, pursuant to 29 C.F.R. § 1614.110(b), the Agency's decision is subject to de novo review by the Commission. 29 C.F.R. § 1614.405(a). See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, at Chapter 9, § VI.A. (Aug. 5, 2015) (explaining that the de novo standard of review “requires that the Commission examine the record without regard to the factual and legal determinations of the previous decision maker,” and that EEOC “review the documents, statements, and testimony of record, including any timely and relevant submissions of the parties, and . . . issue its decision based on the Commission’s own assessment of the record and its interpretation of the law”). Untimely Hearing Request and Agency’s Request for Dismissal As an initial matter, we note that on appeal Complainant did not dispute the dismissal of his hearing request as untimely, although he did file a motion with the AJ arguing against the dismissal. In that motion, Complainant did not dispute that he failed to request a hearing within the required time frame but instead argued that this failure should be excused because the Agency provided the Report of Investigation (ROI) in an overly complicated way. Complainant also argued that he
2025003166 4 and his attorney were unable to access the ROI without numerous communications with the Agency. We agree with the Agency, however, that Complainant’s explanations do not excuse the untimely request because the evidence establishes that although the ROI was received on June 14, 2024, Complainant did not inform the Agency that he could not access it until August 26, 2024, long past the deadline for requesting a hearing. We further find, however, that the Agency’s request that Complainant’s appeal “be dismissed with prejudice” due to his failure to timely request a hearing is excessive. Complainant timely appealed the Agency’s FAD and, as such, his appeal will be considered. Dismissed Claims: Claims 4, 5, and 6 The Agency dismissed Claims 4 and 5 for untimely EEO Counselor contact, noting that Complainant initiated contact on October 20, 2023, far beyond the 45-day regulatory period. To the extent that Claims 4 and 5 were intended to be separate claims of discrete acts of discrimination, we AFFIRM the Agency’s dismissal of these claims as untimely. We note, however, that the actions described in Claims 4 and 5 were also listed as incidents of harassment within Claim 3, which is discussed further below. Regarding Claim 6, the Agency dismissed this claim as having been previously raised in KC-22-0492. The claim raised and dismissed as untimely in KC-22-0492 is that Complainant was denied a reasonable accommodation in October 2018. On the other hand, Claim 6 involves the ongoing denial of a reasonable accommodation request since May 2023. Although there is some indication in the record that the accommodations Complainant requested in 2018 and 2023 were the same or similar, this does not mean the claims are subjected to dismissal under 29 C.F.R. § 1614.107(a). Under § 1614.107(a), the agency shall dismiss an entire complaint, or portion thereof, that states the same claim that is pending before or has been decided by the agency or the Commission. As the Agency itself notes, however, to be dismissed as the same claim, the present formal complaint and prior formal complaint must have involved identical matters, including in time, place, incident, and parties. Virgilio C. v. U.S. Postal Serv., EEOC Appeal No. 2021000218 (Feb. 2, 2021) and Shanti N. v. USPS (EEOC Appeal No. 0120162268 (Sept. 13, 2016) (citing Jackson v. U.S. Postal Serv., EEOC Appeal No. 01955890, 1 (April 5, 1996)). Moreover, “because an employer has an ongoing obligation to provide a reasonable accommodation, failure to provide such accommodation constitutes a violation each time the employee needs it.” EEOC
2025003166 5 Compliance Manual Section 2, “Threshold Issues” at 2-IV.C.1.a, EEOC-CVG- 2000-2 (May 12, 2000). Thus, nothing prevents a complainant from requesting an accommodation that is needed due to a disability even if a similar or the same accommodation has previously been denied and filing a new complaint if it is denied again under different circumstances. Complainant’s claim that he was denied an effective accommodation on an ongoing basis since May 2023 is therefore not subject to dismissal as the “same claim” as his claim, raised in KC- 22-0492, that he was denied an accommodation in October 2018.3 The Agency’s dismissal of Claim 6 is therefore REVERSED and REMANDED in accordance with this decision and the ORDER below. Turning next to the claims accepted for investigation, it is undisputed that Complainant is a qualified individual with a disability and that he requested reasonable accommodation. Denial of Accommodation: Substitute Reader/Assistant In Claim 1, Complainant alleged that from August 10, 2023, through two and one- half weeks after September 20, 2023, (intermittently), he was not provided a reasonable accommodation when the substitute assistants he was provided when his usual assistant (W1) was absent were inadequate and unhelpful, i.e., ineffective, because some were not able to access his email and some had deficiencies in reading skills. The obligation to provide a reasonable accommodation under the Rehabilitation Act includes the obligation to provide an accommodation that is effective, i.e., allows the employee to perform their essential functions. See EEOC Enforcement 3 We note that we accessed the pending appeal of Agency No. KC-22-0492 to confirm that the claim of denial of reasonable accommodation raised therein is not the same claim as that raised in the instant complaint. The Agency itself, in dismissing the claim as untimely, described it as “Whether the Agency subjected Complainant to disparate treatment based on reprisal (reasonable accommodation request), when, in October 2018, you were not provided reasonable accommodations.” Claim 6, on the other hand, involves a denial of accommodation that has been ongoing since May 2023. A five-year gap between the denial in 2018 and the denial in 2023 comprises a sufficiently different set of circumstances to find they are not the same claim.
2025003166 6 Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, EEOC Notice No. 915.002 (Oct. 17, 2002) (Enforcement Guidance on Reasonable Accommodation). It is undisputed that Complainant needs a reader/assistant to perform the essential functions of his job. Some of the tasks performed by the reader/assistant are to keep Complainant informed about the emails he receives and their content, respond to those emails as directed by Complainant, and read to Complainant the written information he must absorb to perform his job as an Administrative Law Judge. The record does not establish all dates on which Complainant alleged an ineffective substitute was provided. However, contemporaneous notes Complainant took of meetings he had with the named responsible management official (Complainant’s then supervisor/RMO1) on September 11 and 12, 2023, include a discussion of the difficulty that “back-up” assistants had accessing Complainant’s email (i.e., being unable to read emails to him due to lack of access). Furthermore, the EEO Counselor’s report indicates that Complainant told RMO1 about the problem of ineffective substitutes on September 19, 2023, because W1 was about to be on leave for over two weeks. In his affidavit, RMO1 acknowledged that Complainant may have told him orally about the lack of effectiveness of the assigned substitutes when RMO1 was at Complainant’s office on September 11-12, 2023. RMO1 stated in his affidavit that when Complainant informed him that his usual reader/assistant was not adequate, he issued Complainant a memo requesting additional information by November 20, 2023, and that Complainant did not provide that information. RMO1 did not assert in his affidavit that this request for additional information had anything to do with Complainant’s claim that the substitute assistants were ineffective. Based on this information, we do not agree with the Agency’s assertion in its FAD that although Complainant informed RMO1 that the substitutes were inadequate, Complainant failed to respond to RMO1’s request for more information about this concern; and that, therefore, “[i]t does not appear that management could have been aware in advance of how Complainant may feel about the performance of his substitute assistants, and we do not find that his opinion of the performance of the provided substitutes constitutes a failure to accommodate.” The Agency in essence argues that it was Complainant’s failure to engage in the interactive process that led to the lack of action on the Agency’s part in response to Complainant’s claim that the
2025003166 7 accommodation provided was ineffective. However, based on RMO1’s affidavit, the record does not support the Agency’s assertions.4 The Agency did not dispute Complainant’s allegation that the substitutes it provided for him when W1 was absent were ineffective. Indeed, the Agency did not respond to this allegation at all. RMO1 only stated in his affidavit that the office “proactively assigned someone to assist Complainant when his assigned reader/assistant was out for any reason,” and provided a few emails establishing that on a few occasions in September 2023 when W1 was absent, other individuals were assigned to assist Complainant (a fact which Complainant does not dispute). Neither did RMO1 provide any information in response to Complainant’s allegation that the accommodation provided when W1 was absent was ineffective. Furthermore, none of the management officials interviewed provided any information about the effectiveness or lack thereof of the substitute assistants, although one official did indicate a few dates on which a substitute was provided. In these circumstances, we reject the Agency's conclusion that its actions concerning the substitute assistants satisfied its obligation to provide a reasonable accommodation and find instead that the Agency failed to provide an effective reasonable accommodation between August 10, 2021, and two and a half weeks after September 20, 2023 (intermittently/the days W1 was absent and Complainant needed a substitute reader/assistant). Where a discriminatory practice involves the provision of a reasonable accommodation, damages may be awarded if the Agency fails to demonstrate that it made a good faith effort to provide the individual with a reasonable accommodation for his disability. See 42 U.S.C. § 1981a(a)(3); and Gunn v. U.S. Postal Serv., EEOC Appeal No. 0120053293 (June 15, 2007). Here, the Agency failed to make such a showing. Indeed, the record establishes that the Agency 4 We further note that even the actual claim made by RMO1 (as opposed to the claim the FAD inaccurately attributes to RMO1) that he requested additional information about Complainant’s claim that W1 was an inadequate reader/assistant and Complainant failed to provide the information, is not supported by the record, which includes a detailed response, dated November 19, 2023, providing a great deal of additional information about Complainant’s claim that W1’s skills were inadequate. This fact is, however, irrelevant to Claim 1, which is a claim about the effectiveness of the accommodation provided when W1 was absent.
2025003166 8 failed to respond when Complainant explained that the substitute readers/assistants provided to him were ineffective. In these circumstances, we cannot find that the Agency demonstrated that it made the good faith effort to provide Complainant with a reasonable accommodation necessary to avoid an award of compensatory damages (to the extent Complainant can establish he is entitled to such damages, as outlined in the Order below). The Agency’s decision on Claim 1 is therefore REVERSED and REMANDED in accordance with this decision and the ORDER below. Denial of Accommodation: Voice Record and Taking Tapes Home In Claim 2, Complainant alleged that he was denied a reasonable accommodation when, from September 11 – January 17, 2024, he was prohibited from using a voice recorder and taking cassette tapes home, an accommodation that he had been using for over 25 years. The Agency argued that it did not deny the accommodation. Specifically, it found that upon RMO1’s realization that Complainant’s practice of carrying cassette tapes in an unlocked, unsecure bag placed claimants’ personally identifiable information (PII) at risk, he asked that Complainant temporarily cease doing so until a method of transport could be instituted that would protect PII. It is undisputed that during the time in which the Agency attempted to reach a solution to this matter, Complainant was accommodated by being allowed to record notes on his office answering machine and then call into the answering machine from home. Ultimately, the Agency provided a locked bag that Complainant could use to revert to his previous practice of transporting cassette tapes to his home. It is undisputed that the Agency provided Complainant an effective alternative accommodation that allowed him to continue his practice of listening to recorded notes at home while it came up with a more permanent accommodation. In these circumstances, we find that Complainant did not establish that he was denied an accommodation and AFFIRM the Agency’s final decision on Claim 2. Harassment Based on Disability and Prior EEO Activity In Claim 3, Complainant alleged that he was subjected to harassment based on his disability and prior EEO activity and described several incidents, including those separately set forth in Claims 1, 2, 4 and 5 above. Specifically, Complainant
2025003166 9 alleged that he was counseled for processing a late case, his attorney was not notified of an in-person meeting, the Agency refused to communicate with his attorney via email, he was not provided a substitute reader/assistant when his current assistant was on leave, he was barred from using a voice recorder and taking cassette tapes home, he was admonished for exchanging pleasantries with his assistant, he was instructed to report in person to court, and “other working conditions.” We have already determined, above, that Complainant was denied an accommodation when he was not provided effective substitute readers/assistants when W1 was on leave and that he was not denied a reasonable accommodation when he was temporarily barred from using a voice recorder/taking cassette tapes home. These incidents are more appropriately analyzed as accommodation claims than harassment claims. As for the other incidents identified in Claim 3, we find that Complainant failed to establish that any of them were motivated by his disability or prior EEO activity. Indeed, most of these incidents, while not claims of denial of accommodation themselves, are more accurately described as the consequences of being denied a reasonable accommodation than claims of harassment based on disability or EEO activity. We find, therefore, that the Agency properly determined that Complainant failed to establish that he was subjected to unlawful harassment as outlined in Claim 3 and AFFIRM the Agency’s finding of no discrimination on this claim. We MODIFY the Agency’s final decision. The Agency’s dismissal of Claims 4 and 5 and findings of no discrimination on Claims 2 and 3 are AFFIRMED. The Agency’s dismissal of Claim 6 is REVERSED. The Agency’s finding of no discrimination on Claim 1 is REVERSED. Claims 1 and 6 are REMANDED for further processing in accordance with the ORDER below. ORDER 1. The agency is ORDERED to process Claim 6 in accordance with 29 C.F.R. § 1614.108. The agency shall acknowledge to Complainant that it has received the remanded allegation within thirty (30) calendar days of the date this decision becomes final. 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
2025003166 10 this decision becomes final, unless the matter is otherwise resolved prior to that time. If 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. 2. The Agency is ordered to take the following remedial actions based on the finding of discrimination on Claim 1: a. Within thirty (30) calendar days of the date this decision is issued, the Agency shall provide Complainant with a substitute reader/assistant when his usual reader/assistant is unavailable who can effectively assist him in the performance of his essential functions and who has full access to all materials and systems needed to do so. b. Within sixty (60) calendar days of the date this decision is issued, the Agency shall conduct and complete a supplemental investigation to determine whether Complainant is entitled to compensatory damages for this violation of the Rehabilitation Act. In so doing, the Agency shall: i. Issue a notice to Complainant of his right to submit evidence based our guidance in Carle v. Dep't of the Navy, EEOC Appeal No. 01922369 (Jan. 5, 1993) and request evidence from Complainant in support of compensatory damages.5 The Notice 5 To establish entitlement to compensatory damages, the evidence must show a causal relationship between the Agency’s discriminatory action and any pecuniary (monetary) or non-pecuniary losses/harm experienced by Complainant. For more information on evidence to determine compensatory damages: EEOC Management Directive 110, Ch. 11 § VII (Aug. 5, 2015), available at https://www.eeoc.gov/federal/directives/md-110_chapter_11.cfm (provides the
2025003166 11 shall provide Complainant with thirty (30) calendar days to respond (with an option and instructions to request an extension in the case of extenuating circumstances). Complainant has a duty to cooperate with Agency’s investigation to determine compensatory damages, including responding to agency requests for documentation or completing agency forms. ii. Issue a new final agency decision (“Compensatory Damages FAD”) based on the findings of the supplemental investigation. The Compensatory Damages FAD shall state the amount (if any) of compensatory damages owed to Complainant and explain how the Agency determined that amount. The Compensatory Damages FAD shall include appeal rights to the Commission. iii. Within sixty (60) calendar days of the date the Compensatory Damages FAD is issued, the Agency shall pay Complainant the amount of compensatory damages it determined are owed. If there is a dispute over the exact amount of compensatory damages owed, the Agency shall pay the undisputed amount to Complainant. If Complainant disagrees with the agency’s award, they may challenge the Agency’s decision on the amount of compensatory damages by filing an appeal of the Compensatory Damages FAD with the Commission. Instructions on how to appeal, including the deadline to file, will be included in the appeal rights portion of the Compensatory Damages FAD. c. Within ninety (90) calendar days from the date this decision is issued, the Agency shall provide two hours of interactive or in-person training to RMO1 as well as any other officials involving in failing to types of compensatory damages available under EEOC statutes and “Objective Evidence” of entitlement); and N. Thompson, Compensatory Damages in the Federal Sector: An Overview, EEOC Digest Vol. XVI, No. 1 (Winter 2005) available at https://www.eeoc.gov/federal/digest/xvi-1.cfm#article (explains Carle v. Dep’t of the Navy under the subsection “Proof of Damages”).
2025003166 12 provide Complainant with an effective reasonable accommodation as described in Claim 1 on the Rehabilitation Act and the Agency's obligation to provide a reasonable accommodation and engage in the interactive process. The Agency shall provide proof of the officials' attendance, as well as the contents of the in-person training provided. If any of these individuals have left the Agency's employ, the Agency shall furnish documentation of their departure dates. d. Within thirty (30) calendar days of the date this decision is issued, the Agency shall post a notice in accordance with the paragraph below. POSTING ORDER (G0617) The Agency is ordered to post at its Seattle, Washington office and its headquarters office in Baltimore, Maryland copies of the attached notice. Copies of the notice, after being signed by the Agency's duly authorized representative, shall be posted both in hard copy and electronic format by the Agency within 30 calendar days of the date this decision was issued, and shall remain posted for 60 consecutive days, in conspicuous places, including all places where notices to employees are customarily posted. The Agency shall take reasonable steps to ensure that said notices are not altered, defaced, or covered by any other material. The original signed notice is to be submitted to the Compliance Officer as directed in the paragraph entitled “Implementation of the Commission's Decision,” within 10 calendar days of the expiration of the posting period. The report must be in digital format, and must be submitted via the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). ATTORNEY'S FEES (H1125) If Complainant has been represented by an attorney (as defined by 29 C.F.R. § 1614.501(e)(1)(iii)), they are entitled to an award of reasonable attorney's fees incurred in the processing of the complaint. 29 C.F.R. § 1614.501(e). The award of attorney's fees shall be paid by the Agency. The attorney shall submit a verified statement of fees to the Agency -- not to the Equal Employment Opportunity Commission, Office of Federal Sector -- within thirty (30) calendar days of receipt
2025003166 13 of this decision. The Agency shall then process the claim for attorney's fees in accordance with 29 C.F.R. § 1614.501. 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.
2025003166 14 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. 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.
2025003166 15 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 (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.
2025003166 16 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 __________ M. Hadden’s signature T. Gimbrere, Acting Director Office of Federal Operations September 29, 2026 Date
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