EEOC Appeal 2026001896

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Clint G.,1
Complainant,
v.
Brooke Rollins,
Secretary,
Department of Agriculture
(Natural Resources Conservation Service),
Agency.
Appeal No. 2026001896
Agency No. FPAC-2026-00110
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated March 20,
2026, dismissing his 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. Upon review, the Commission finds that Complainant's complaint was
properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely EEO
Counselor contact.
During the period at issue, Complainant worked as a soil conservationist at the
Agency’s National Resources Conservation Service in Frankfort, Kentucky.
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.

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On February 6, 2026, Complainant initiated EEO Counselor contact. 	Informal
efforts at resolution were not successful.
On March 27, 2026, Complainant filed a formal complaint alleging that the Agency
subjected him to discrimination on the bases of national origin (Not Specified) and
reprisal for prior protected EEO activity when:
on June 27, 2025, Complainant’s second-line supervisor continued to assign
him to work out of the Bardstown field office.
On March 20, 2026, the Agency issued a final decision dismissing Complainant’s
formal complaint pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely EEO
Counselor contact. The Agency stated that Complainant failed to comply with
applicable time limits under 29 C.F.R. § 1614.105(a)(1), of 45-days from the date of
the discriminatory matter alleged to make EEO Counselor contact.
The instant appeal followed. On appeal, Complainant submits numerous statements
and documents.
In relevant part, the Agency submits its opposition to Complainant’s appeal.
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 record discloses that the alleged discriminatory event occurred on February 12,
2025. In his formal complaint, Complainant stated that, since February 12, 2025, his
assignment at Bardstown Field Office was repeatedly extended. Complainant stated
that his Bardstown Field Office assignment began in January 2024 and was extended
repeatedly for over two and one half years. Complainant did not initiate contact with
an 	EEO 	Counselor 	until 	February 	6, 	2026, 	which 	was 	346 	days 	after 	the

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discriminatory event. Even a generous reading of Complainant’s formal complaint
demonstrated that he was aware of the alleged discrimination by February 12, 2025.
Complainant had until April 11, 2025 to make timely EEO Counselor contact. On
appeal, Complainant has presented no persuasive arguments or evidence warranting
an extension of the time limit for initiating EEO Counselor contact.
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

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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.

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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 se
T. Gimbrere, Acting Director
Office of Federal Sector
September 28, 2026
Date