EEOC employee files disability and age harassment claims. Complainant. a federal employee, worked as a mediator at the Equal Employment Opportunity Commission (EEOC). She filed an EEO complaint alleging that she was subjected to harassment due to her disability and age.
The EEOC sent her a notice of right to file a formal complaint within 15 days. The Agency received no response. Therefore, after several months, it dismissed her complaint. Complainant appealed. On appeal the EEOC determined that the agency (EEOC) had wrongfully dismissed the complaint. The decision found the agency could not dismiss a formal EEO if it had never been filed. This case points out the importance of making sure federal employees meet all deadlines. Failure to do so could lead to a dismissal of the case. However, the issue was likely moot as no formal EEO was ever filed.
Mae P. v. Equal Employment Opportunity Commission https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt
Kirk Angel has been representing federal employees for over a decade. He offers free 15 minute consultation to employees including federal employees. The EEO process is complex and hard to navigate. The deadlines are strict and good claims for discrimination, harassment or retaliation (reprisal) can be lost if deadlines are not met. If you are dealing with an EEO filing, an EEOC hearing or a MSPB hearing, you should contact federal employee attorney Kirk J. Angel. You can set your consultation right on our website. https://theangellawfirm.com/federal-employees