2026003178•EEOC Appeal 2026003178
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Phillis W.,1 Complainant, v. Douglas A. Collins, Secretary, Department of Veterans Affairs, Agency. Appeal No. 2026003178 Agency No. 200I-546-2026-172453 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated June 11, 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. During the relevant time, Complainant worked as a Secretary, GS-6 at the Agency’s Acquisitions and Material Management Service in Miami, Florida. On April 16, 2026, Complainant initiated EEO contact. Informal efforts at resolution were not successful. 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.
2026003178 2 On May 15, 2026, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination based on sex (female) and in reprisal for prior protected activity when: 1. From November 1, 1999, to December 31, 2004, the Chief of Acquisitions and Material Management (a former employee), sexually assaulted Complainant in his office and at his home. 2. On or about December 31, 2004, the Chief of Acquisitions and Material Management stated to Complainant, “who the fuck do you think you are to report me; you are going to be punished for reporting me.”2 In the instant final decision, the Agency dismissed the formal complaint pursuant to 29 C.F.R. § 1614.105(a)(1) for untimely EEO Counselor contact, finding that Complainant had not contacted an EEO Counselor within 45 days of the events. EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires that complaints of discrimination should be brought to the attention of the Equal Employment Opportunity Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 days of the effective date of the action. The record discloses that the discriminatory events occurred at the very latest on December 31, 2004. However, Complainant did not initiate contact with an EEO Counselor until April 16, 2026, which was far beyond the 45-day limitation period. Complainant submitted a statement in support of her appeal. However, she has presented no arguments or evidence warranting an extension of the time limit for initiating EEO Counselor contact. Furthermore, a complainant must act with due diligence in the pursuit of a claim, or the doctrine of laches may apply. See O'Dell v. Department of Health and Human Services, EEOC Request No. 05901130 (December 27, 1990). 2 Complainant made reference to this matter as having occurred in 2024. However, this appears to be an inadvertent typographical reference, and the actual date is “2004.”
2026003178 3 The doctrine of laches is an equitable remedy under which an individual's failure to pursue diligently a course of action could bar a claim. Complainant waited approximately twenty-two years before she finally contacted an EEO Counselor. 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 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.
2026003178 4 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.
2026003178 5 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 14, 2026 Date
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