Doug R.,1 Complainant,v.Richard V. Spencer, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Apr 5, 2018

0520180171 (E.E.O.C. Apr. 5, 2018)

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

Doug R.,1
Complainant,

v.

Richard V. Spencer,
Secretary,
Department of the Navy,
Agency.

Request No. 0520180171

Appeal No. 0120172955

Agency No. DON170042101850

DISMISSAL OF REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120172955 (November 21, 2017).
At the time of events giving rise to the instant complaints, Complainant was employed by the
Agency as an Electronics Engineer, DP-855-03, at its Naval Air Warfare Center Aircraft
Division facility in Patuxent River, Maryland. On June 30, 2017, Complainant filed his
complaint alleging discrimination based on race, sex, and in reprisal for prior EEO activity when
he was subjected to harassment from March 2016, through September 2016. On August 1, 2017,
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). Complainant appealed. On November 21, 2017,
the Commission issued its decision affirming the Agency’s final decision.

EEOC Regulation 29 C.F.R. § 1614.405(c) provides that request for reconsideration to the
Commission must be filed within 30 calendar days after a complainant receives the appeal
decision. The appeal decision specifically informed Complainant his right to file his request for
reconsideration within 30 days as set forth above. In his request, Complainant acknowledges
that he received the appeal decision on November 27, 2017. Complainant filed the request
postmarked December 28, 2017, which was one day after the 30-day time limit set by 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.
0520180171

2
regulations. In his request, Complainant does not provide any justification for extending the
filing period beyond 30 days.

Accordingly, the request is DISMISSED as untimely pursuant to §1614.405(c). The decision in
EEOC Appeal No. 0120172955 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, 2018
Date