Estefana M.,1 Complainant,v.Richard V. Spencer, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Feb 21, 2018

0520180076 (E.E.O.C. Feb. 21, 2018)

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

Estefana M.,1
Complainant,

v.

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

Request No. 0520180076

Appeal No. 0120170646

DISMISSAL OF REQUEST FOR RECONSIDERATION

The Agency requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120170646 (September 12, 2017).
Requests to reconsider, with supporting statement or brief, must be filed with the Office of
Federal Operations (OFO) within 30 calendar days of receipt of this decision or within 20
calendar days of receipt of another party’s timely request for reconsideration. 29 C.F.R.
§1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(EEO MD-110), 9-18 (November 9, 1999). The Commission will dismiss any request that is not
filed in a timely manner, unless extenuating circumstances prevented the timely filing of the
request. The Commission will consider requests for reconsideration filed after the deadline only
in very limited circumstances. 29 C.F.R. § 1614.604(c).

The EEOC issued its decision on September 12, 2017. Our prior decision indicated in the
certificate of mailing that there was a five-day presumption of receipt. The Agency filed its
request for reconsideration on October 24, 2017 (at the earliest), which is beyond the 30-day
time limit. The Agency has offered no explanation for its untimely filing. Therefore, the
Agency’s request is dismissed for untimeliness. The decision in EEOC Appeal No. 0120170646
remains the Commission's final decision. There is no further right of administrative appeal on the
decision of the Commission on this request. The Agency shall comply with the Order (reprinted
from the prior decision) as set forth herein.

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.
0520180076

2

ORDER

The Agency is ordered to process Complainant’s pre-complaint contact within 15 calendar days
of the date this decision is issued. For purposes of timeliness, the Agency shall consider the date
of contact to be August 9, 2016. At this time, Complainant can bring to the EEO Counselor’s
attention any additional claims or incidents that have occurred since her initial date of contact. If
within 30 calendar days the matter is not resolved informally and the parties have not agreed to
an extension, the Agency shall provide Complainant a notice of right to file a formal complaint.
If she files a formal complaint, it shall be processed pursuant to the provisions of 29 C.F.R. Part
1614.

A copy of the Agency's EEO counseling report and notice of right to file a formal complaint
(unless the matter has been resolved) must be sent to the Compliance Officer as referenced
below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0610)

Compliance with the Commission's corrective action is mandatory. The Agency shall submit its
compliance report within thirty (30) calendar days of the completion of all ordered corrective
action. The report shall be submitted to the Compliance Officer, Office of Federal Operations,
Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC 20013. The
Agency's report must contain supporting documentation, and the Agency must send a copy of all
submissions to the Complainant. If the Agency does not comply with the Commission's order,
the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. §
1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with
the Commission's order prior to or following an administrative petition for enforcement. See 29
C.F.R. §§ 1614.407, 1614.403, and 29 C.F.R. § 1614.503(g).

Alternatively, the Complainant has the right to file a civil action on the underlying complaint in
accordance with the paragraph below entitled “Right to File a Civil Action.” 29 C.F.R. §§
1614.407 and 1614.403. A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If
the Complainant files a civil action, the administrative processing of the complaint, including
any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0610)
This is a decision requiring the Agency to continue its administrative processing of your
complaint. However, if you wish to file a civil action, you have the right to file such action in an
appropriate United States District Court within ninety (90) calendar days from the date that you
receive this decision. In the alternative, you may file a civil action after one hundred and
eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your
appeal with the Commission. If you file a civil action, you must name as the defendant in the
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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. Filing a civil action will terminate the
administrative processing of your complaint.

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

February 21, 2018
Date