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EEOC dismisses federal employee case. Complainant, an employee of the VA, filed several EEOs against his federal agency. After investigation, he requested an EEOC hearing. The Administrative Judge assigned to his case dismissed it due to Complainant having filed in federal court on the same basis. Complainant appealed to the EEOC’s Office of Federal Operations (OFO) and won. The Agency sought reconsideration which the OFO granted. The OFO held that when a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process.

Harlan P. v. Dep’t of Veterans Affairs, EEOC Request No. 2020001428 (Aug. 13, 2020) https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf

Attorney Kirk J. Angel has represented federal employees for more than a decade. If you are a federal employee who needs representation in an EEO matter or a hearing before the EEOC or MSPB, you can set a free consultation right on this website.