Manuel K,1 Complainant,v.William P. Barr, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

Equal Employment Opportunity Commission

Nov 5, 2020

2020004309 (E.E.O.C. Nov. 5, 2020)

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

Manuel K,1
Complainant,

v.

William P. Barr,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.

Request No. 2020004309

Appeal No. 2019004847

Agency No. BOP-2017-0609

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019004847 (December 17, 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 must be filed within thirty (30) calendar days after the party receives 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).

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.
2020004309

2
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 (5) calendar days of the date on which it was mailed, December 17, 2019. Complainant
is presumed to have received the previous decision no later than Monday, December 23, 2019.
Thirty days from that date is Tuesday, January 21, 2020. As evidenced by the postmark date,
Complainant mailed the request on March 30, 2020, which was beyond the 30-day limit set by
regulation. No reason was provided for the delay.

For the foregoing reasons, the Complainant's request is denied. The decision in EEOC Appeal No.
2019004847 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

November 5, 2020
Date