Mckenzie L.,1 Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionJun 3, 20160520160220 (E.E.O.C. Jun. 3, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Mckenzie L.,1 Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency. Request No. 0520160220 Appeal No. 0120160520 Agency No. 200P-0612-2015-104925 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested reconsideration of the decision in EEOC Appeal No. 0120160520 (February 23, 2016). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision 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 subjected her to a hostile work environment and unlawful discrimination on the bases of her race, age, and in reprisal for prior protected EEO activity. The record shows that on September 8, 2015, Complainant received her notice of right to file a formal complaint which informed her that she had fifteen days from the date of receipt of the notice to file her complaint. The record further shows that Complainant did not file her formal complaint until October 1, 2015, which was beyond the time limit. In its final decision, the Agency dismissed the complaint, pursuant to 29 C.F.R. §1614.107(a)(2), for untimeliness. On appeal, the Commission affirmed the Agency’s dismissal, finding that Complainant failed to provide evidence that she was so physically 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. 0520160220 2 and/or mentally incapacitated that she was rendered unable to meet the deadline for timely filing her formal complaint. In her request for reconsideration, Complainant largely reiterates arguments made, and fully considered, on appeal. 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. 0120160520 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 June 3, 2016 Date Copy with citationCopy as parenthetical citation