Bryon F.,1 Complainant,v.Emily W. Murphy, Administrator, General Services Administration, Agency.Download PDFEqual Employment Opportunity CommissionFeb 7, 20180520180019 (E.E.O.C. Feb. 7, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Bryon F.,1 Complainant, v. Emily W. Murphy, Administrator, General Services Administration, Agency. Request No. 0520180019 Appeal No. 0120171850 Agency No. GSA-17-CO-E-0054 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120171850 (September 21, 2017). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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 reveals that Complainant received a Notice of Right to File Individual Complaint at his residence on March 17, 2017. The Agency did not receive a formal complaint from Complainant within fifteen days of his receipt of the Notice. The Agency therefore closed Complainant’s case on April 12, 2017. In our previous decision, we found that the Agency properly closed Complainant’s case due to failure to file a formal complaint. We stated that a UPS tracking notice indicated that a Notice of Right to File Individual Complaint was delivered to Complainant’s address of record on March 17, 2017, yet Complainant did not file a formal complaint. 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. 0520180019 2 In his request to reconsider, Complainant contends that his representative did not receive the Notice of Right to File Individual Complaint and that the representative believed a settlement was in progress. Complainant states that his representative was waiting for the Notice of Right to File Individual Complaint after the settlement negotiations concluded. The Commission emphasizes that a request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not presented any persuasive evidence to support reconsideration of the Commission’s decision. Complainant has not refuted the Agency’s evidence that he received the Notice of Right to File Individual Complaint on March 17, 2017. Complainant also has failed to establish that he filed a formal complaint within fifteen days of his receipt of the Notice. 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 Commission to deny the request. The decision in EEOC Appeal No. 0120171850 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. 0520180019 3 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 February 7, 2018 Date Copy with citationCopy as parenthetical citation