EEOC Appeal 2026003119

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Cythia Q.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2026003119
Agency No. 2001-557-2026-170767
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated June 24,
2026, 	dismissing 	her 	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. For the following reasons, we AFFIRM the
Agency’s final decision dismissing Complainant’s formal complaint pursuant to 29
C.F.R. § 1614.107(a)(2).
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a
Registered Nurse at the Agency’s Carl Vinson VA Medical Center in Dublin,
Georgia.
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.

2026003119	2
On June 9, 2026, Complainant filed a formal complaint alleging that the Agency
subjected her to discrimination and a hostile work environment on the bases of
disability (mental) when:
1. 	On November 3, 2025, the Acting Chief, advised Complainant that
there were no available day shift positions in Nursing Services except
two 12-hour shifts per week;
2. 	Since 	November 	4, 2025, 	Complainant’s 	request 	for 	Reasonable
Accommodation 	(RA) 	has 	been 	denied 	by 	the 	HR 	Specialist,
Reasonable Accommodations Coordinator (RAC), because they have
been unable to find a day shift position for Complainant based on her
RA;
3. 	On November 25, 2025, Complainant was not interviewed for the
position despite being referred, and was not selected for the position
of Registered Nurse (Clinical Resource Hub – Chief Nurse), CAZD
12802423-25-AV, VN-0610-4 in Dublin, Georgia;
4. 	On December 5, 2025, Complainant was not interviewed for the
position despite being referred, and was not selected for the position
of Registered Nurse – Deputy Chief, CBTB-12827475-26-RJL, VN-
0610-00, in Dublin, Georgia;
5. 	On December 11, 2025, Complainant was not interviewed for the
position despite being referred, and was not selected for the position
of Chief Nurse of Operations, CBTB-12830844, VN-0610-4 A at the
Agency’s Carl Vinson VA Medical Center in Dublin, Georgia;
6. 	On December 29, 2025, Complainant was not interviewed for the
position despite being referred, and was not selected for the position
of Chief Nurse – Acute Care, CBTB-12832557-26-SB, at the Carl
Vinson VA Medical Center in Dublin, Georgia;
7. 	On January 5, 2026, Complainant was not interviewed for the position
despite being referred, and was not selected for the Nurse Chief of
Operations position, CBTB12830844-26-SB, VN-0610-4 A at the
Carl Vinson VA Medical Center in Dublin, Georgia;

2026003119	3
8. 	On January 15, 2026, Complainant was not interviewed for the
position despite being referred, and was not selected for the position
of Nurse Manager – Outpatient Mental Health, CBTB-12816191-26-
AH, VN-0610-00, in Dublin, Georgia; and.
9. 	On January 21, 2026, Complainant was informed the Chief Nurse
Mental Health position in Dublin, Georgia, that she applied for and
was referred to, was canceled despite there being someone in the
position.
In the Agency’s final decision, the Agency dismissed Complainant’s complaint
pursuant to 29 C.F.R. § 1614.107(a)(2) due to the untimely filing of the formal
complaint. The Agency determined that Complainant received the Notice of Right
to File a Discrimination Complaint (NORTF or Notice) on May 19, 2026. The
Agency noted that the NORTF informed Complainant that she had to file her
formal complaint within 15 calendar days of the date she received the NORTF.
The Agency found that Complainant needed to file her formal complaint by June 3,
2026, in order to be timely. However, Complainant filed the formal complaint on
June 9, 2026.
In her complaint, Complainant explained that the untimely filing was because she
and her [non-attorney] representative were not aware of the May 19, 2026, email
notification because Complainant was only waiting for the Alternate Dispute
Resolution (ADR) scheduled for June 17, 2026. In the dismissal, the Agency noted
that the statute of limitations is not waived because an employee has pursued
means for resolving her complaint in the interim. Complainant was not barred from
continuing to participate in the ADR process by filing her complaint. The Agency
stated that informal counseling had to be completed in a timely manner due to the
regulatory time frames and the Notice clearly informed Complainant of the 15-day
filing deadline.
ANALYSIS
EEOC Regulation 29 C.F.R. § 1614.107(a)(2) states, in pertinent part, that an
agency shall dismiss a complaint for failure to comply with the applicable time
limits, unless the agency extends the time limits in accordance with 29 C.F.R. §
1614.604(c).

2026003119	4
A formal “complaint must be filed within 15 days of receipt of the notice required
by § 1614.105 (d), (e) or (f).” 29 C.F.R. § 1614.106(b). The Commission generally
holds that documents transmitted to a complainant by email shall be deemed to be
received when received if transmitted via email, or within five days of when the
decision is emailed, whichever occurs first. See 29 C.F.R. § 1614.604(d).
At the beginning of the informal process, Complainant was provided with a Notice
of Rights and Responsibilities (NORR), which she signed and returned to the EEO
Counselor on February 25, 2026. Complaint File at 3-7, 9-13. The NORR provided
in pertinent part that:
Unless you inform us otherwise, all EEO correspondence transmitted by [the
Agency's EEO Office] will be sent to you ...via email... [The Agency's EEO
Office] will use the date you or your designated representative, if applicable,
received 	the 	correspondence 	via 	email 	for 	purposes 	of 	calculating
timeliness… If you or your representative is not using a VA email account
to receive EEO correspondence, you must provide [the Agency's EEO
Office] with email confirmation immediately upon receipt of documents and
notices. For timeliness purposes if read receipt or email confirmation is not
provided, 	it 	shall 	be 	presumed 	that 	the 	parties 	received 	the 	Agency's
correspondence within five days after the date it was sent via email.
Based on the foregoing, we find that Complainant was aware and agreed that the
Agency would be transmitting EEO correspondence to her via email.
The record shows the EEO Counselor emailed Complainant and her non-attorney
representative the Notice of Right to File on May 19, 2026. Complaint File at 34.
In the email, the EEO Counselor states that the informal process of Complainant’s
EEO case had concluded and that she was issuing Complainant the NORTF,
attached to the email. The EEO Counselor informed Complainant she had 15
calendar days to file her formal complaint, or the complaint would be closed after
the 15 days if she chose not to file a formal complaint. The email also provided
instructions on how and where to file a complaint. Id. Additionally, the NORTF
clearly informed Complainant she had to file her formal complaint within 15
calendar days of receiving the Notice, and provided instructions on how and where
to file the formal complaint. Id. at 30.

2026003119	5
The Notice also highlighted that the 15-day filing deadline would not be extended
due to Complainant’s need for assistance from the EEO Counselor in completing
VA Form 4939, Complaint of Employment Discrimination. Id.
Using the 5-day presumption of receipt for documents transmitted via email to
Complainant, we find that Complainant received the NORTF on May 24, 2026.
Therefore, we find Complainant had to file her formal complaint by June 8, 2026,
to 	meet 	the 15-day filing 	deadline. However, Complainant 	filed 	her formal
complaint on June 9, 2026, one day past the filing deadline. Complainant sent the
EEO Counselor an email on June 5, 2026, stating she missed the EEO Counselor’s
May 19, 2026, email with the NORTF. In a series of emails on June 8, 2026, the
EEO Counselor informed Complainant she could proceed with the scheduled
mediation and still file a formal complaint. She advised Complainant she would
have 	to 	explain 	the late 	filing. 	Complainant 	responded 	stating 	she 	and 	her
representative were “unaware of the email notification to take action.” Id. at 71.
She also asked the EEO Counselor what form she needed to file. The EEOC
Counselor 	told 	Complainant 	it 	was 	Form 	4939 	and 	that 	all 	the 	forms 	and
instructions were in the May 19 email. Complainant emailed her formal complaint
to the EEO Counselor on June 9, 2026, rather than the designated Agency email
address for filing her formal complaint that was listed in the NORTF. Id. at 65, 69.
That same day, the EEO Counselor forwarded Complainant’s formal complaint to
the proper Agency email address for filing complaints. Id. at 69.
On appeal, Complainant has not offered any justification to warrant an extension of
the time limit for filing the complaint. Therefore, we find the Agency properly
dismissed the complaint for failing to timely file the formal complaint
CONCLUSION
Accordingly, 	the 	Agency's 	final 	decision 	dismissing 	Complainant's 	formal
complaint is AFFIRMED.

2026003119	6
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.

2026003119	7
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.

2026003119	8
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 17, 2026
Date