Dollie T.,1 Complainant,v.Sally Jewell, Secretary, Department of the Interior (Geological Survey), Agency.

Equal Employment Opportunity Commission

Mar 11, 2016

0520160067 (E.E.O.C. Mar. 11, 2016)

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

Dollie T.,1
Complainant,

v.

Sally Jewell,
Secretary,
Department of the Interior
(Geological Survey),
Agency.

Request No. 0520160067

Appeal No. 0120131618

Agency No. USGS-1200-81

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120131618 (July
16, 2015). Pursuant to the Commissions regulations, a complainant's request must be filed
within 30 days of the date a complainant received the Commission's decision on appeal. 29
C.F.R. § 1614.405(c). The record reflects that the Commission's decision was issued on July
16, 2015, but Complainant did not file her request until October 1, 2015, past the 30-day time-
limit.

In order to bypass the Commission’s regulatory time-frame for filing a request for
reconsideration, Complainant must demonstrate extenuating circumstances. 29 C.F.R.
§1614.604(c); see Mills v. Sec. and Exch. Comm'n, EEOC Request No. 05A50826 (Aug. 3,
2005). Complainant argues that her untimely request should be accepted because she was
recovering from health conditions which required hospitalization on two occasions and was
caring for ill family members. While we accept that Complainant’s medical condition may
have been serious, she has failed to show that she was incapacitated or incapacitated during the
relevant time frame, and that such incapacity prevented her from filing in a timely manner. See
Starkey v. Dep't of Veteran's Affairs, EEOC Request No. 05A60299 (Dec. 22, 2005) (citing
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.

0520160067

2
Humphries v. U.S. Postal Serv., EEOC Appeal No. 01A20637 (Apr. 19. 2002)). Therefore,
Complainant's request for reconsideration is denied. The decision in EEOC Appeal No.
0120131618 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

March 11, 2016
Date