Fonda M,1 Complainant,v.Lisa S. Disbrow, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity Commission

Apr 11, 2017

0120170930 (E.E.O.C. Apr. 11, 2017)

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

Fonda M,1
Complainant,

v.

Lisa S. Disbrow,
Acting Secretary,
Department of the Air Force,
Agency.

Appeal No. 0120170930

Agency Nos. 9X1M11011, 9X1M12041

DISMISSAL OF APPEAL

Complainant filed a submission with this Commission postmarked April 7, 2016, labeled
“SUBJECT: Request for Reconsideration based on facts and information not previously
considered in Discrimination Complaint Compliance.” To the extent this submission is an
appeal from the January 27, 2016 Agency decision concerning her breach of settlement claim,
the Commission DISMISSES the appeal as untimely filed.

On November 18, 2014, Complainant and the Agency entered into a settlement agreement to
resolve a matter which had been pursued through the EEO complaint process. By letter to the
Agency dated February 20, 2015, Complainant alleged breach of the settlement agreement. In
an April 2, 2015 final decision, the Agency found no breach. Complainant appealed the
Agency’s decision to the Commission. In EEOC Appeal No. 0120152218 (October 29, 2015),
the Commission reversed the Agency’s finding that it did not breach the settlement agreement
and remanded the matter for a supplemental investigation and issuance of a new final decision.
The Commission treated the April 7, 2016 submission from Complainant previously as
possibly a request for reconsideration of EEOC Appeal No. 0120152218. In that request for
reconsideration decision, EEOC Request No. 0520160284 (July 8, 2016), the Commission
denied the request on the grounds that the request was untimely filed.

On January 27, 2016, the Agency issued a new final decision finding it did not breach the
terms of the November 18, 2014 settlement agreement. The decision informed Complainant if

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.
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she was not satisfied with the Agency’s decision, she could file an appeal with the
Commission.

By regulation, a complainant’s appeal must be filed within 30 days of receipt of an agency’s
final decision. 29 C.F.R. § 1614.402(a). A copy of the USPS tracking reveals that the
Agency’s final decision was delivered to Complainant’s address of record on February 3,
2016. Complainant did not file her appeal with the Commission until April 7, 2016.
Complainant’s appeal was filed beyond the 30-day time limit. Complainant has not offered
adequate justification for an extension of the applicable time limit for filing her appeal.
Accordingly, Complainant's appeal is DISMISSED pursuant to 29 C.F.R. §1614.403(c).

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)

The Commission may, in its discretion, reconsider the decision in this case if the Complainant
or the Agency submits a written request containing arguments or evidence which tend to
establish 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.

Requests to reconsider, with supporting statement or brief, must be filed with the Office of
Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision or within
twenty (20) calendar days of receipt of another party’s timely request for reconsideration. See
29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R.
Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). All requests and arguments
must be submitted to the Director, Office of Federal Operations, Equal Employment
Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960,
Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. In
the absence of a legible postmark, the request to reconsider shall be deemed timely filed if it is
received by mail within five days of the expiration of the applicable filing period. See 29
C.F.R. § 1614.604. The request or opposition must also include proof of service on the other
party.

Failure to file within the time period will result in dismissal of your request for reconsideration
as untimely, unless extenuating circumstances prevented the timely filing of the request. Any
supporting documentation must be submitted with your request for reconsideration. The
Commission will consider requests for reconsideration filed after the deadline only in very
limited circumstances. See 29 C.F.R. § 1614.604(c).

0120170930

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COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)

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. If you file a request to reconsider and also file a civil action, 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

April 11, 2017
Date