EEOC Appeal 2026002510

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Danita P,1
Complainant,
v.
Pete Hegseth,
Secretary,
Department of War2
(Defense Health Agency),
Agency.
Appeal No. 2026002510
Hearing No. 470202400028X
Agency No. DHASWK230297
DECISION
By Notice of Appeal postmarked May 12, 2026, Complainant filed an appeal with
the Equal Employment Opportunity Commission (EEOC or Commission) from the
Agency’s July 16, 2025, final order concerning her equal employment opportunity
(EEO) complaint alleging 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.
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 Pursuant to Executive Order 14347, Restoring the United States Department of
War, issued on Sept. 5, 2025, the Department of Defense is to be known as the
Department of War. Any references in the record or decision to the Department of
Defense should be read interchangeably as the Department of War.

2026002510	2
Upon review, we DISMISS Complainant’s appeal for untimely filing. See 29
C.F.R. § 1614.402(a).
At the time of events giving rise to this complaint, Complainant was employed by
the Agency as a Medical Insurance Technician (GS-06) for the Uniform Business
Office (UBO), at the Blanchfield Army Community Hospital in Fort Campbell,
Kentucky. On June 8, 2023, Complainant filed an EEO complaint alleging that the
Agency subjected her to discrimination, including a hostile work environment, on
the bases of race (African American) and reprisal for prior protected EEO activity.
On April 25, 2025, an EEOC Administrative Judge (AJ) issued a Decision and
Order pursuant to 29 C.F.R. § 1614.109(i). The AJ found that Complainant failed
to establish, by a preponderance of the evidence (i.e. more likely than not), that
management’s actions were motivated by racial discrimination. 	However, the AJ
also concluded that the Agency was liable for unlawful retaliatory harassment and
reprisal. The AJ ordered the Agency to take remedial action, including, but not
limited to, reinstatement, back pay, and compensatory damages.
Pursuant to 29 C.F.R. § 1614.110(a), after issuing the order and a determination of
the appropriate remedy, an AJ shall return the hearing file to the agency, which
shall have forty (40) days to take final action. 29 C.F.R. § 1614.110(a). Once the
agency takes final action, the complainant has thirty days to file an appeal. 29
C.F.R. § 1614.402(a). If the agency fails to provide the full and complete remedy
in accordance with the AJ’s order, the complainant may seek compliance by
providing written notice to the agency’s EEO Director. If the EEO Director fails to
respond within 35 days, the complainant may file an appeal with the Commission.
See 	29 	C.F.R. 	§ 	1614.504(a); 	see 	also 	Equal 	Employment 	Opportunity
Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 7 §
III.D.15 (Aug. 5, 2015) citations omitted.
On July 16, 2025, the Agency issued a final order fully adopting and implementing
the AJ’s April 25, 2025, decision and order. The final order properly advised
Complainant of her right to appeal with the Commission. On appeal, Complainant
indicates that she received the final order on July 16, 2025. Therefore, the deadline
to file her appeal was August 15, 2025. Complainant filed on May 12, 2026, about
9 months after the deadline passed. Complainant did not offer any explanation for

2026002510	3
the delay in filing, nor does she allege that the Agency failed to comply with the
ordered remedial actions.3
Accordingly, Complainant's May 12, 2026, appeal is DISMISSED. 29 C.F.R. §
1614.403(c).
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
3 To the extent that it has not already done so, the Agency shall comply with the
AJ’s April 25, 2025, order, which the Agency accepted in its entirety on July 16,
2025. 	If Complainant believes the Agency is not in compliance, she may seek
enforcement in accordance with 29 C.F.R. § 1614.504(a).

2026002510	4
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).
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.

2026002510	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
________________________ 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
9/21/2026
Date