EEOC holds incorrect filing dooms federal employee case. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging retaliation for prior protected EEO activity. Complainant initially filed her complaint to the EEOC’s Office of Federal Operations (OFO) rather than to the Agency itself which resulted in the Agency not receiving the complaint until 7 months after the filing period ended. The Agency issued a final decision dismissing Complainant’s complaint on the grounds that it was untimely filed, and Complainant appealed.

On appeal, the OFO held that the Agency’s dismissal was appropriate, noting that the final interview letter Complainant received stated that the formal complaint should be filed with the Agency. The letter also included a filing deadline, and proper address for filing. The OFO noted that previous rulings have held that when Complainants have been provided with the proper address, finding at the wrong address does not constitute a proper filing. The OFO affirmed the Agency’s final decision.

Keri C. v. United States Postal Service, EEOC Appeal No. 2019002318 (Apr. 26, 2019)

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