[Redacted], Bula P., 1 Complainant,v.Merrick B. Garland, Attorney General, Department of Justice (Federal Bureau of Investigation), Agency.

Equal Employment Opportunity Commission

Feb 2, 2022

Appeal No. 2022000443 (E.E.O.C. Feb. 2, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Bula P.,1 Complainant, v. Merrick B. Garland, Attorney General, Department of Justice (Federal Bureau of Investigation), Agency. Appeal No. 2022000443 Agency No. FBI-2021-00129 DECISION Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated August 31, 2021, dismissing a formal complaint alleging unlawful employment discrimination in violation of the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq. BACKGROUND During the period at issue, Complainant worked for the Agency as a Threat Intake Examiner, GS-08, in Washington, D.C. On April 21, 2021, Complainant initiated EEO Counselor contact. Informal efforts at resolution were not successful so on June 4, 2021, Complainant filed a formal EEO complaint, claiming unlawful employment discrimination based on age. On August 31, 2021, the Agency issued a final decision dismissing the formal complaint. The Agency dismissed the formal pursuant to 29 C.F.R. 1614.107(a)(2), for untimely EEO counselor contact. 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. 2022000443 2 The Agency stated that Complainant raised a variety of matters which purportedly occurred from March 2020 through March 1, 2021, including criticism of her work, being treated with hostility at meetings, receiving a poor performance evaluation, and eventually culminated in her removal from Agency employment effective March 1, 2021. However, according to the Agency Complainant did not make initial EEO counselor contact on these matters until April 21, 2021, beyond the regulatory 45-day time limit. The instant appeal followed. On appeal, Complainant, through counsel, states that she first contacted the human resources, on March 17, 2021. She further states that she did not learn of her right to file an EEO complaint until April 21, 2021. ANALYSIS AND FINDINGS EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires that complaints of discrimination should be brought to the attention of the Equal Employment Opportunity Counselor within forty-five (45) days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within forty-five (45) days of the effective date of the action. Here, the record discloses that the latest alleged discriminatory event occurred on March 1, 2021, the effective date of her removal. It is undisputed that Complainant did not initiate contact with an EEO Counselor until April 21, 2021. She asserts, however, that she contacted someone in Human Resources on March 17, 2021. However, we do not discern anything in the record supporting a determination that prior to April 21, 2021, Complainant contacted any Agency official with the intent to pursue the EEO complaint process. We acknowledge that Complainant argues that she was unaware of the requirement to pursue an EEO complaint within the 45-day limitation period, until April 21, 2021. However, the record reflects that Complainant attended the Onboarding New Employee (ONE) Program from March 3-7, 2019, which included an EEO training block. The EEO training included employees’ EEO rights, and specifically discussed the 45-day time period for initiating EEO counselor contact. The record further indicates that Complainant took the No FEAR Act training on March 27, 2019 and November 15, 2020. The No FEAR Act training also contained information on the 45-day time limit for making EEO counselor contact. Complainant has presented no persuasive arguments or evidence warranting an extension of the time limit for initiating EEO counselor contact. CONCLUSION Accordingly, the Agency's final decision dismissing the formal complaint for the reason discussed above is AFFIRMED.2 2 Because we affirm the Agency dismissal for the reason discussed above, we find it unnecessary to address the Agency argument that Complainant’s appeal was not timely filed. 2022000443 3 STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that 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 for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within 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). Complainant should submit his or her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx Alternatively, Complainant can submit his or her request and arguments to the Director, Office of Federal Operations, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files his or her request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the 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). 2022000443 4 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 February 2, 2022 Date