Footnote – Counting Days to the Deadline

The 45th day after the last of the alleged discriminatory events fell on Sunday, December 15, 2013. The deadline for initiating timely EEO Counselor contact was therefore extended to Monday, December 16, 2013. See 29 C.F.R. § 1614.604(d).

Footnote – Timeliness of Claim

Claim 2 raises timeliness concerns. If, during investigation, it is determined that the Complainant was reassigned to a new position, on a specific date that occurred more than 45 days prior to when the Complainant initiated EEO Counselor contact, this claim may be dismissed as untimely during the adjudicatory process. See 29 C.F.R. §§ 1614.105(a)(1) and 1614.107(a)(2).