Alda F.,1 Complainant,v.Sean J. Stackley, Acting Secretary, Department of the Navy, Agency.Download PDFEqual Employment Opportunity CommissionApr 5, 20170520170174 (E.E.O.C. Apr. 5, 2017) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Alda F.,1 Complainant, v. Sean J. Stackley, Acting Secretary, Department of the Navy, Agency. Request No. 0520170174 Appeal No. 0120160294 Agency No. 15-67004-02635 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested reconsideration of the decision in EEOC Appeal No. 0120160294 (December 9, 2016). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates that: (1) the appellate decision involved a clearly erroneous interpretation of material fact or law; or (2) the appellate decision will have a substantial impact on the policies, practices, or operations of the agency. See 29 C.F.R. § 1614.405(c). The record indicates that Complainant filed her complaint on August 24, 2015, alleging discrimination based on disability when on October 7, 2011, she was placed on an indefinite suspension and subsequently removed from her Inventory Management Specialist position on April 29, 2013. On September 17, 2015, the Agency issued its final decision dismissing the complaint due to untimely EEO Counselor contact pursuant to 29 C.F.R. § 1614.107(a)(2). Upon Complainant’s appeal, the Commission affirmed the Agency’s final decision dismissing the complaint. In her request, Complainant reiterates arguments she previously made. After reviewing the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 0520170174 2 Commission to deny the request. The decision in EEOC Appeal No. 0120160294 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by his or her full name and official title. Failure to do so may result in the dismissal of your case in court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. RIGHT TO REQUEST COUNSEL (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations April 5, 2017 Date U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 George V.,1 Complainant, v. Robert M. Speer, Acting Secretary, Department of the Army, Agency. Request No. 0520170175 Appeal No. 0120141026 Agency No. ARBRAGG12SEPT03684 DISMISSAL OF REQUEST FOR RECONSIDERATION Complainant filed a request for reconsideration from the Commission’s prior decision, EEOC Appeal No. 0120141026 (July 21, 2016), affirming the Agency’s December 12, 2013 final decision finding no discrimination concerning his complaint. The record indicates that in his complaint, filed on October 17, 2012, Complainant alleged discrimination based on race and color when he was not selected for the position of Communication Cable Splicer/Installer Supervisor on September 11, 2012. EEOC Regulation 29 C.F.R. § 1614.405 provides that requests for reconsideration to the Commission must be filed within 30 calendar days after a complainant receives its prior appeal decision. The Commission’s appeal decision specifically included a Certificate of Mailing indicating that for timeliness purposes, it will be presumed that the decision was received within five calendar days of mailing, which was July 21, 2016. Complainant filed the instant request for reconsideration postmarked January 31, 2017, which was beyond the 30-day time limit including the five-day presumption of receipt, described above. In his request, Complainant does not submit any adequate justification for extending the filing period beyond 30 days. Accordingly, Complainant’s request for reconsideration of the Commission’s prior decision is DISMISSED as untimely pursuant to §1614.405. 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 0520170175 2 COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by his or her full name and official title. Failure to do so may result in the dismissal of your case in court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. RIGHT TO REQUEST COUNSEL (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations April 5, 2017 Date Copy with citationCopy as parenthetical citation
