Federal employee’s EEO complaint cannot be dismissed as it was never filed. Complainant, an EEOC employee, filed an informal EEO alleging discrimination based on disability and age as well as retaliation.
Complainant was informed she had 15 days to file a formal complaint of discrimination. She failed to do so and months later the Agency issued a Final Agency Decision (FAD) dismissing her complaint. On appeal, the EEOC’s Office of Federal Operations (OFO) held that the Agency could not dismiss a complaint that had never been filed, and vacated the previous final decision.
Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. 0120170218 (Dec. 21, 2017) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt
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