Henry S.,1 Complainant,v.Bill Johnson, President and Chief Executive Officer, Tennessee Valley Authority, Agency.

Equal Employment Opportunity Commission

Aug 29, 2019

2019003995 (E.E.O.C. Aug. 29, 2019)

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

Henry S.,1
Complainant,

v.

Bill Johnson,
President and Chief Executive Officer,
Tennessee Valley Authority,
Agency.

Appeal No. 2019003995

Agency No. TVA-2019-0063

DECISION

Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from the Agency's decision dated May 14, 2019, dismissing his complaint of
unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title
VII), as amended, 42 U.S.C. § 2000e et seq.

BACKGROUND

During the period at issue, Complainant worked for the Agency in in Knoxville, Tennessee.

On January 27, 2019, Complainant initiated EEO Counselor contact. Informal efforts at resolution
were not successful.

On April 5, 2019, Complainant filed a formal complaint alleging that the Agency subjected him to
discrimination based on race when:

1. a. On June 20, 2016, he was not selected for the position of Operations Maintenance
Program Manager pursuant to Job Vacancy #505084;

b. on August 2, 2016, he was not selected for the position of Project Performance
Program Manager under Job Vacancy #505212;

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.
2 2019003995

c. on August 16, 2016, he was not selected for the position of Transmission System
Engineer C under Job Vacancy #505879;

d. on August 17, 2016, he was not selected for the position of Transmission Field
Construction Super under Job Vacancy #505273;

e. on August 17, 2016 through October 7, 2016, he was not selected for the position
of Senior Program Manager Pricing and Contracts under Job Vacancy #505274;

f. From August 24 to November 2, 2016, he was not selected for the position of
Contracts Manager under Job Vacancy #505290;

g. On November 14, 2016, he was not selected for the position of Transmission
Support Services Program Manager under Job Vacancy #505526;

h. On November 22, 2016, he was not selected for the position of Business Planning
& Portfolio under Job Vacancy #505454

i. On November 22, 2016, he was not selected for the position of Project Performance
Program manager under Job Vacancy #505212;

j. on June 20, 2018 he was not selected for the position of Manager, Leadership
Programs & Assessment under Job Vacancy #507671;

k. on July 12, 2018 he was not selected for the position of Nashville PMTM under Job
Vacancy#507801;

l. On August 20, 2018, he was not selected for the position of Murfreesboro PMTM
under Job Vacancy #508007; and

2. In the fall of 2016, his request for tuition reimbursement was denied.

On June 12, 2019, the Agency issued a final decision dismissing the formal complaint for failure
to contact an EEO Counselor in a timely manner in accordance with EEOC Regulation 29 C.F.R.
§ 1614.107(a)(2). This appeal followed.

ANALYSIS AND FINDINGS

EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires that complaints of discrimination should
be brought to the attention of the Equal Employment Opportunity Counselor within forty-five (45)
days of the date of the matter alleged to be discriminatory or, in the case of a personnel action,
within forty-five (45) days of the effective date of the action.

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Here, the record discloses that the most recent alleged discriminatory event identified in the
complaint (August 20, 2018) occurred well prior to the forty-five days that preceded
Complainant’s initial EEO Counselor contact, on January 27, 2019, and thus beyond the forty-five
(45) day limitation period.

EEOC regulations provide that the agency or the Commission shall extend the time limits when
the individual shows that he was not notified of the time limits and was not otherwise aware of
them. that he did not know and reasonably should not have known that the discriminatory matter
or personnel action occurred, that despite due diligence he was prevented by circumstances beyond
his control from contacting the Counselor within the time limits, or for other reasons considered
sufficient by the agency or the Commission. Complainant has neither alleged that he was unaware
of the relevant time limitations for establishing EEO Counselor contact, nor does he allege that he
was prevented by circumstances beyond his control from contacting an EEO Counselor in a timely
manner.

On appeal, Complainant has presented no persuasive arguments or evidence warranting an
extension of the time limit for initiating EEO Counselor contact.

CONCLUSION

The Agency's final decision dismissing the formal complaint is AFFIRMED for the reasons
discussed above.

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party shall have
twenty (20) calendar days of receipt of another party’s timely request for reconsideration in
which to submit a brief or statement in opposition. 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. Complainant’s request 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.
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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 agency’s request must be submitted in digital format via the EEOC’s Federal
Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). 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).
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

August 29, 2019
Date