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Employee v. Department of Homeland Security
Appeal No. 2019000391
Agency No. HS-CBP-00935-2018
April 3, 2019

Complainant was a border patrol agent and filed a complaint alleging discrimination on the bases of sex and reprisal when he was removed from his position. The agency dismissed the complaint as untimely and for failure to state a claim, and the complainant appealed. The EEOC reversed the agency’s decision, holding that the 45-day period did not start until the effective date of removal, not the date of advance notice of the removal, as the agency asserted. The EEOC also found that the agency had dismissed the complaint on the merits of the claim without an investigation, and therefore the claim was both timely and potentially viable.

To read the entire decision, click here.

Attorney Angel did not represent the complainant in this case, but he does represent federal employees in front of the EEOC.