Footnote – Other (Illegal) Non EEO Issues

The EEO Counselor’s report includes the Complainant’s assertion that her supervisor defamed her. To the extent the Complainant is asserting an independent claim of defamation, it is dismissed for failure to state a claim. See 29 C.F.R. § 1614.107(a)(1); Agnew v. U.S. Postal Service, EEOC Appeal No. at *1 (Jul. 26, 2005) (defamation claims “beyond the purview” of the EEO process).

Footnote – Conflicting Dates

This is the date listed in the EEO Counselor’s report. The formal complaint lists September 18, 2014, as the date the Complainant learned that the job announcement was cancelled. Since the Complainant initiated contact with an EEO Counselor on September 17, 2014, and the EEO Counselor’s report contains a description of events that is similar to that in the formal complaint, it seems likely that September 8, 2014, is the date the Complainant intended to list. If the Complainant wishes to clarify the date on which she learned of the job announcement cancellation, she may present such evidence directly to the investigator during the investigation of the accepted claim.