EEOC affirms Agency dismissal of former employee’s claim. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of race (Latino/Hispanic), age (born in 1961), and reprisal for prior protected EEO activity, when the Agency’s payroll servicer issued his W-2 with significant errors.  He was previously employed by the Agency. The Agency issued a final decision dismissing Complainant’s complaint for failure to state a claim and for untimely EEO Counselor contact. Complainant appealed.

On appeal, the EEOC’s Office of Federal Operations (OFO) held that the Agency incorrectly stated that Complainant needed to contact an EEO Counselor within 45 days of receiving the initial W-2 because at the time the Complainant may not have known there was an issue with it. The OFO further held that the retaliation claims against the IRS Examiner and Taxpayer Advocate were properly dismissed for failure to state a claim because the Complainant was never an employee of those Agencies. Since his issues stemmed from being a taxpayer, not an employee, Complainant lacked standing to bring a claim against the named Agencies. The dismissal of Complainant’s complaint was affirmed.

Wilfredo M. v. Dep’t of Treasury, EEOC Appeal No. 2020001922 (May 24, 2021)

Federal employee attorney Kirk J. Angel created this case summary. He handles federal employee EEO claims and hearings before the EEOC and MSPB. If you are a federal employee who needs an attorney, set your free 15 minute consultation with him today.