EEOC Appeal 2026001726

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