Cathie K.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Nov 16, 2018

0520180575 (E.E.O.C. Nov. 16, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Cathie K.,1
Complainant,

v.

Robert Wilkie,
Secretary,
Department of Veterans Affairs,
Agency.

Request No. 0520180575

Appeal No. 0120181130

Agency No. 200405582018100140

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181130 (July 19, 2018). 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).

In her underlying complaint, Complainant alleged that the Agency subjected her to unlawful
reprisal discrimination when on August 13, 2017, management removed her from employment for
failure to meet her focused professional performance goals. In its final decision, the Agency
dismissed the complaint, pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely filing of the 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.
0520180575

2
Specifically, Complainant received the Notice of Right to File her Formal Complaint on October
30, 2017, which informed her that she had fifteen days to file her complaint. The record shows that
Complainant did not file her formal complaint until November 17, 2017.2 On appeal, the
Commission affirmed the Agency’s dismissal of the complaint, finding that Complainant failed to
offer adequate justification to warrant extension of the time limit.

In her request for reconsideration, Complainant fails to offer any justification for her failure to file
her formal complaint within the time limit. Accordingly, 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. 0120181130 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.

2 In our decision on appeal, the Commission incorrectly identified the year in which Complainant
received the notice of right to file and subsequently filed her formal complaint as 2018. We find
that this amounts to harmless error.
0520180575

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

November 16, 2018
Date