Horace A.,1 Complainant,v.J. Mark McWatters, Chairman, National Credit Union Administration, Agency.

Equal Employment Opportunity Commission

Aug 29, 2019

2019002533 (E.E.O.C. Aug. 29, 2019)

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

Horace A.,1
Complainant,

v.

J. Mark McWatters,
Chairman,
National Credit Union Administration,
Agency.

Request No. 2019002533

Appeal No. 2019001017

Agency No. 18-05

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Horace A. v. Nat’l Credit Union Admin., EEOC Appeal
No. 2019001017 (Feb. 8, 2019). 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(b).

By regulation, requests to reconsider must be filed within 30 calendar days of receipt of the
previous decision. 29 C.F.R. § 1614.405(b). A document is timely if it is received or postmarked
before the expiration of the applicable filing period or, in the absence of a legible postmark, if it is
received by mail within five days of the expiration of the applicable filing period. 29 C.F.R. §
1614.604(b).

It is noted that the Commission’s previous decision included a Certificate of Mailing indicating
that, for purposes of timeliness, the Commission will presume that the decision was received
within five calendar days of the date on which it was mailed, February 8, 2019.

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.
2019002533

2
Complainant is presumed to have received the previous decision no later than February 13, 2019.
Thirty days from that date is March 15, 2019. As evidenced by the postmark date, Complainant
filed the instant request on March 16, 2019, which was beyond the 30-day limit set by regulation.
Complainant did not provide sufficient justification for extending the filing period beyond 30 days.

For the foregoing reasons, Complainant’s request is DISMISSED. The decision in EEOC Appeal
No. 2019001017 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

August 29, 2019
Date