Footnote – Former Allegations Included as Background

In her formal EEO complaint, the Complainant restated numerous allegations from a separate but closely related EEO complaint, FS-2012-00413. Presumably, the Complainant restated the allegations as background for the subject EEO complaint rather than to have them redundantly processed. Otherwise, the allegations would necessarily be dismissed pursuant to 29 C.F.R § 1614.107(a)(I) for stating claims identical to those currently pending before the Department of Agriculture (the Department).

Footnote – Hostile Environment Background Evidence

Although this claim is not independently actionable because it is untimely, it nonetheless can be considered as background evidence in determining whether a hostile work environment existed. Casteel v. Department of the Army, EEOC Appeal No. 01A50425 (February 14, 2006); Campbell v. Department of Homeland Security, EEOC Appeal No. 01A52160 (July 15, 2005).