Cher B.,1 Complainant,v.Dr. Benjamin S. Carson, Sr., M.D., Secretary, Department of Housing and Urban Development, Agency.

Equal Employment Opportunity Commission

Aug 9, 2018

0520180278 (E.E.O.C. Aug. 9, 2018)

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

Cher B.,1
Complainant,

v.

Dr. Benjamin S. Carson, Sr., M.D.,
Secretary,
Department of Housing and Urban Development,
Agency.

Request No. 0520180278

Appeal No. 0120180409

Agency No. HUD-00125-2017

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180409 (January 31, 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, a Construction Analyst, claimed that she was
discriminated against on the basis of her sex (female) when on June 2, 2017, she was terminated
during her probationary period. In its final decision, the Agency dismissed the complaint pursuant
to 29 C.F.R. § 1614.107(a)(2) on the grounds that Complainant failed to file her formal complaint
in a timely manner.

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.
0520180278

2
On appeal, the Commission affirmed the Agency’s dismissal of the complaint. The Commission
found that Complainant received the Notice of Right to File a Formal Complaint on October 2,
2017, and did not file her formal complaint until October 18, 2017, after the expiration of the
fifteen-day filing period. The Commission stated that the filing period commenced on October 3,
2017, and Complainant had to file her complaint by no later than October 17, 2017.

In her request for reconsideration, Complainant argues that she was timely in filing her formal
complaint. Complainant maintains that the fifteen-day filing period did not commence until
October 3, 2017, and that her complaint was timely filed since October 18, 2017 is fifteen days
later.

We observe that Complainant has not presented sufficient persuasive evidence in support of her
position. 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), at 9-18 (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 done so here. The record reveals that Complainant received the Notice of Right to File a
Formal Complaint on October 2, 2017, and filed her formal complaint on October 18, 2017, which
was one day after the expiration of the 15-day filing period. See 29 C.F.R. § 1614.604. We discern
no persuasive argument or evidence in Complainant’s request for reconsideration that satisfy the
criteria for granting a request to reconsider.

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. 0120180409 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.

0520180278

3

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

August 9, 2018
Date