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

Kirk J. Angel is an experienced attorney who has represented federal employees for over a decade. If you are a federal employee who need an attorney for a federal EEO matter, you can set a free 15 minute consultation right on this website.