2026003579•EEOC Appeal 2026003579
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Terrell C.,1 Petitioner, v. Hung Cao, Acting Secretary, Department of the Navy, Agency. Petition No. 2026003579 MSPB No. DC-0752-25-2598-I-1 DECISION On August 6, 2026, Petitioner filed a timely petition with the Equal Employment Opportunity Commission (EEOC or Commission) asking for review of a Final Order issued by the Merit Systems Protection Board (MSPB) concerning his claim of discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. BACKGROUND At the time of events giving rise to this complaint, Petitioner worked as a Security Officer at the Agency’s Navy Medicine Readiness and Training Command in Camp Lejeune, North Carolina. Petitioner alleged that the Agency discriminated against him when the Agency removed Petitioner from his federal position. 1 This case has been randomly assigned a pseudonym which will replace Petitioner’s name when the decision is published to non-parties and the Commission’s website.
2026003579 2 On August 7, 2025, an MSPB Administrative Judge (AJ) issued an initial decision dismissing the appeal for failure to prosecute. Thereafter, on August 12, 2025, Petitioner’s representative submitted a Request to vacate the initial decision. On September 17, 2025, an MSPB Case Management Specialist issued a notice to Petitioner’s representative informing her that the intent of her pleading was unclear and requesting that Petitioner’s representative clarify if she intended for her submission to be a petition for review. Petitioner’s representative did not respond to the MSPB until March 3, 2026, confirming that she intended for her submission to be a petition for review and citing the MSPB’s shutdown and her failure to see the alert from the MSPB for her failure to respond until then. Thereafter, Petitioner filed the instant petition for review. The Agency filed a brief in response, urging that the petition be dismissed because the MSPB did not address any issues within the Commission’s jurisdiction. ANALYSIS EEOC Regulations provide that the Commission has jurisdiction over mixed case complaints on which the MSPB has issued a decision that makes determinations on allegations of discrimination. 29 C.F.R. § 1614.303 et seq. The Commission must determine whether the decision of the MSPB with respect to the allegation of discrimination constitutes a correct interpretation of any applicable law, rule, regulation or policy directive, and is supported by the evidence in the record as a whole. 29 C.F.R. § 1614.305(c). Here, because the AJ dismissed Petitioner’s appeal for failure to prosecute, the MSPB did not render a decision on the merits of any allegations of discrimination. We therefore have no jurisdiction to review the instant petition. See Mirta L. v. Dep’t of Homeland Security, EEOC Appeal No. 2023001876 (Feb. 23, 2023). CONCLUSION Because the MSPB did not address any matters within the Commission’s jurisdiction, we therefore DENY consideration of the petition for review.
2026003579 3 PETITIONER’S RIGHT TO FILE A CIVIL ACTION (W0124) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. You have the right to file a civil action in an appropriate United States District Court, based on the decision of the Merit Systems Protection Board, within thirty (30) calendar days of 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. 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.
2026003579 4 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
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