Micki C.,1 Complainant,v.Ryan K. Zinke, Secretary, Department of the Interior (Bureau of Indian Affairs), Agency.

Equal Employment Opportunity Commission

Apr 5, 2018

0520180164 (E.E.O.C. Apr. 5, 2018)

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

Micki C.,1
Complainant,

v.

Ryan K. Zinke,
Secretary,
Department of the Interior
(Bureau of Indian Affairs),
Agency.

Request No. 0520180164

Appeal No. 0120180007

Agency Nos. DOI-BIA-17-0225, DOI-BIA-17-0395

DISMISSAL OF REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180007 (November 16, 2017).
At the time of events giving rise to the instant complaints, Complainant was employed by the
Agency as a Staff Support Assistant, GS-0303-07/07, at the Agency’s Great Plains Region, Pine
Ridge Agency, Pine Ridge, South Dakota. On March 19, 2017, and June 20, 2017, Complainant
filed her complaints alleging discrimination in reprisal for prior EEO activity concerning her
Employee Performance Appraisal Plan for FY 2016 and a FY 2016 performance award. The
Agency consolidated the complaints. On August 8, 2017, the Agency issued its final decision
dismissing the complaints due to untimely EEO Counselor contact pursuant to 29 C.F.R.
§1614.107(a)(2). Complainant appealed. On November 16, 2017, the Commission issued its
decision affirming the Agency’s final decision.

EEOC Regulation 29 C.F.R. § 1614.405(c) provides that request for reconsideration to the
Commission must be filed within 30 calendar days after a complainant receives the appeal
decision. The appeal decision specifically included Certificate of Mailing indicating that for
timeliness purpose, the Commission will presume that this decision was received within five

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.
0520180164

2
calendar days after it was mailed, which was November 16, 2017. Complainant filed the instant
request postmarked December 26, 2017, which was beyond the 30-day time limit including five-
day presumption of receipt, described above. In her request, Complainant does not provide any
justification for extending the filing period beyond 30 days.

Accordingly, the request is DISMISSED as untimely pursuant to § 1614.405(c). The decision in
EEOC Appeal No. 0120180007 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

April 5, 2018
Date