Helen G.,1 Complainant,v.Dr. Mark T. Esper, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Jun 6, 2018

0520180272 (E.E.O.C. Jun. 6, 2018)

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

Helen G.,1
Complainant,

v.

Dr. Mark T. Esper,
Secretary,
Department of the Army,
Agency.

Request No. 0520180272

Appeal No. 0120180149

Agency No. ARCARSON17JUL02433

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180149 (February 2, 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 alleged that the Agency discriminated against her
based on her sex and in reprisal for prior protected EEO activity when: (1) she was subjected to a
hostile work environment from May 27, 2016, through May 19, 2017; and (2) on May 14, 2017,
management demoted her from her position as Supervisory Security Guard to the position of
Lead Security Guard. In its final decision, the Agency dismissed the complaint, pursuant to 29
C.F.R. § 1614.107(a)(2), for untimely EEO counselor contact. Specifically, the Agency found
that Complainant did not initiate EEO contact until July 14, 2017, which was beyond the 45-day
time limit. On appeal, the Commission affirmed the Agency’s dismissal. We found that, although
Complainant first contacted the EEO office on May 30, 2017, the record shows that she indicated

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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at that time that she did not wish to initiate the EEO process and, instead, elected to file an
appeal with the Merit Systems Protection Board on June 1, 2017. We further found that the
record shows that Complainant did not initiate EEO counselor contact with the intent to pursue
her claim through the EEO process until July 14, 2017, which is beyond the applicable time
limits.

In her request for reconsideration, Complainant, for the first time, makes numerous arguments in
support of her contention that her complaint was improperly dismissed for untimeliness. We do
not, however, find these arguments persuasive, and we remind Complainant that a request for
reconsideration is not a second appeal to the Commission. Accordingly, 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. 0120180149 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.

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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

June 6, 2018
Date