Casas

MEMORANDUM **

Richard Casas (“Casas”) appeals the dismissal of his Title VII (42 U.S.C. § 2000e et seq.) action against Paul H. O’Neill, Secretary of the United States Department of the Treasury. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand for further proceedings.

1. Background

Casas is an employee of the United States Customs Service. He met with an Equal Employment Opportunity (“EEO”) counselor (see 29 C.F.R. § 1614.015 precomplaint processing) to discuss his national origin discrimination complaints relating to internal disciplinary proceedings against him. On May 12, 1997, Casas had his final interview with the EEO counselor and was given oral and written notice that he had 15 days to file a formal EEO complaint (see 29 C.F.R. § 1614.016 - — individual complaints). The written notice contained the following statement: “In order to expedite the processing of your complaint, please utilize the Department’s Individual Complaint Form (TD F 62-03.5(°%7)), which you have been provided.” However, contrary to its usual practice, the EEO counselor failed to give Casas the department’s complaint form.

Within the next week, Casas telephoned an EEO aide…