Attachment I - Sample Brief for a Procedural Dismissal
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OFFICE OF FEDERAL OPERATIONS
Julie Smith, Complainant v. U.S. Dept. of XYZ, Agency
Complainant’s Brief
From Julie Smith 123 ABC Way Garden City, NY 11530
EEOC Appeal No. 202100XXXX Agency Case No. ABC-123-XYZ
PROCEDURAL HISTORY/BACKGROUND
In 2003, Complainant was hired by the Agency to work as an Administrative Assistant in its New York, NY office. Complainant received a Notice of Termination effective April 1, 2021. (Complaint File at 8). On April 5, 2021, Complainant contacted an EEO Counselor about her termination. At the end of EEO counseling, the Agency sent her a Notice of Right to File a Formal Complaint (Notice). On May 3, 2021, Complainant received the Notice by certified U.S. mail. (Complaint File at 21). On May 17, 2021, Complainant filed her formal complaint with the Agency by email and alleged that she was terminated based on age. (Complaint File at 25). On July 1, 2021, the Agency issued a final decision dismissing Complainant’s complaint on the grounds her formal complaint was not timely filed. (Complaint File at 40). On July 15, 2021, Complainant appealed the matter to OFO via the EEOC Public Portal. This brief was filed with OFO on July 26, 2021.
ARGUMENT
I. The Final Decision made a mistake in finding that Complainant’s formal complaint was filed on May 20, 2021.
EEOC Regulation 29 C.F.R. § 1614.106(b) requires the filing of a written complaint with an appropriate agency official within fifteen (15) calendar days after receipt of the notice of the right to file a formal complaint.
Complainant received the Notice by U. S. certified mail on May 3, 2021. (Complaint File at 21). The Notice informed her to file her formal complaint with the Agency within 15 days of receipt. (Complaint File at 21). In its final decision, the Agency found that Complainant filed her formal complaint on May 20, 2021 via U.S. mail (postmark date), outside the 15-day time period. (Complaint File at 40.). However, the record shows that Complainant first filed her formal complaint with the Agency by email on May 17, 2021. (Complaint File at 25). Complainant later mailed a copy of her formal complaint to the Agency on May 20, 2021. (Complaint File at 30). For these reasons, Complainant timely filed her formal complaint on May 17, 2021 via email, within 15 days of receiving the Notice on May 3, 2021.
CONCLUSION
For these reasons, OFO should REVERSE the Agency’s final decision dismissing Complainant’s complaint and REMAND this matter to the Agency for investigation.
CERTIFICATE OF SERVICE
I certify that on July 26, 2021, this brief was filed with the EEOC’s Office of Federal Operations and served on the Agency, U.S. Dept. of XYZ, via the EEOC Public Portal.