FAD – Fear of Reprisal, No Extension of Time 45-Day Limit

Here, the Complainant has alleged a discrete act which occurred on (insert date) — clearly more than 45 days prior to when she initiated EEO Counselor contact on insert date. The reason offered by the Complainant for her delay in initiating EEO Counselor contact was that she was threatened by the alleged harasser and fearful of losing her job. The EEOC has consistently held that fear of reprisal is an insufficient justification for extending the time limitation for contacting an EEO Counselor. See Duncan v. Department of Veterans Affairs, EEOC Request No. 05970315 (July 10, 1998); Kovarik v. Department of Defense, EEOC Request No. 05930898 (December 9, 1993). ; Ranne v. Department of the Treasury, EEOC Appeal No. 0120092842 (September 21, 2009)

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).