In accordance with ACE's obligation not to discriminate, due diligence has been ensured by respectful coaching, counseling and equal opportunity to correct past behavior, regardless of past incidents. See Hardwick v. EEOC, Pao v. Kleiner Perkins, (CA, 2012) (gender discrimination), Hawaii Healthcare Professionals, Inc. (D. HA, 2012) (age discrimination, discharge). In this case, it is simply impossible for the Charging Party to establish a prima facie case of age and gender discrimination. Therefore his accusation must be rejected. The appellant's failure to correct attendance problems resulted in his dismissal. Therefore, we respectfully request that the EEOC declare “No Fault” and dismiss the charges in their