[Redacted], Belinda K., 1 Complainant,v.Kilolo Kijakazi, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Oct 17, 2022

Appeal No. 2021002164 (E.E.O.C. Oct. 17, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Belinda K.,1 Complainant, v. Kilolo Kijakazi, Acting Commissioner, Social Security Administration, Agency. Request No. 2022003771 Appeal No. 2021002164 Agency No. SF-20-0178-SSA DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2021002164 (June 15, 2022). 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(c). Our previous decision dismissed Complainant’s appeal in EEOC Appeal No. 2021002164. The previous decision noted that on February 23, 2021, Complainant filed an appeal from the December 16, 2021, final Agency decision, finding no discrimination. The previous decision indicated that the Agency issued the final decision and delivered it by e-mail to Complainant on December 17, 2020. The prior decision found that the FAD properly advised Complainant that she had 30 calendar days after receipt of its FAD to file an appeal with the Commission. However, Complainant did not file the appeal until February 23, 2021, well beyond the 30-day time limit. As such, the prior decision dismissed the appeal as untimely. 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. 2022003771 2 Complainant filed the instant request for reconsideration. In the request, Complainant indicated that she had covid and is not experienced in the EEO process. However, we find that Complainant has not provided adequate justification to demonstrate that the events warrant a waiver or equitable tolling of the applicable time limits. As noted in the prior decision, the final decision advised Complainant that she had 30 calendar days to file her appeal. Further, Complainant has not shown how she was so incapacitated that she could not meet the time requirements. See Crear v. U.S. Postal Serv., EEOC Request No. 05920700 (Oct. 29, 1992), Bradford v. Dep't of the Air Force, EEOC Appeal No. 01A24456 (Dec. 2, 2003) (death of Complainant's father not sufficient to justify late filing absent corroborating evidence that extreme upset and mental anguish prevented timely filing); Johnson v. Small Business Admin., EEOC Appeal No. 01991283 (Jan. 9, 2002), req. for recon. denied, EEOC Request No. 05A20378 (May 3, 2002) (although complainant's attorney suffered from the death of one family member and the illness of another, the request for a waiver of the time limits to file an appeal, without corroborating evidence of the grief and depression, was denied). 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. 2021002164 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. 2022003771 3 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 17, 2022 Date