Lydia W.,1 Complainant,v.Margaret Weichert, Acting Director, Office of Personnel Management, Agency.

Equal Employment Opportunity Commission

Oct 23, 2018

0120170740 (E.E.O.C. Oct. 23, 2018)

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

Lydia W.,1
Complainant,

v.

Margaret Weichert,
Acting Director,
Office of Personnel Management,
Agency.

Appeal No. 0120170740

Hearing No. 570-2014-01157X

Agency No. 2014014

DISMISSAL

On December 23, 2016, Complainant filed an appeal with the Equal Employment Opportunity
Commission (EEOC or Commission) concerning her 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.

At the time of events giving rise to this complaint, Complainant worked as an Enterprise Security
Architect, GS-15, at the Agency’s Office of the Chief Information Officer in Washington, D.C.
On February 18, 2014, Complainant filed a formal complaint alleging that the Agency subjected
her to discrimination on the basis of sex (transgender) when on December 19, 2013, she received
a letter from the Federal Employees Health Benefits (FEHB) program indicating denial of her
administrative appeal for reimbursement of transgender-related medical services.

Complainant requested a hearing before an EEOC Administrative Judge (AJ). On August 30,
2016, the AJ issued an order granting Complainant’s request to withdraw her hearing request and
remanded the matter to the Agency for issuance of a final decision pursuant to 29 C.F.R.
§ 1614.110(b).

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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The instant appeal followed. On appeal, Complainant requests that the Commission order the
Agency to issue a final decision and issue sanctions against the Agency for its delay in issuing the
final decision. The Agency makes no contentions in response to Complainant’s appeal.

According to the record, on February 13, 2018, after Complainant filed the instant appeal, the
Agency issued a final decision on the merits of Complainant’s complaint. On March 16, 2018,
Complainant filed a separate appeal from the Agency’s final decision with this Commission, which
has been docketed as EEOC Appeal No. 0120181416. The Commission will separately address in
a decision under the 2018 docket number the merits of Complainant’s appeal from the final
decision as well as her request for sanctions for the Agency’s delay in issuing the final decision,
which she renews in Appeal No. 0120181416.

At the time of Complainant’s December 23, 2016, appeal, there was no final decision before the
Commission for consideration.2 Accordingly, we DISMISS Complainant’s appeal as prematurely
filed.

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. 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

2 A final decision consists of findings by an agency on the merits on each issue in the complaint,
or, as appropriate, the rationale for dismissing any claims in the complaint, and, when
discrimination is found, appropriate remedies and relief. 29 C.F.R. § 1614.110(b).

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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

October 23, 2018
Date