Tianna M,1 Complainant,v.John F. Kelly, Secretary, Department of Homeland Security (Federal Emergency Management Agency), Agency.

Equal Employment Opportunity Commission

Mar 30, 2017

0120170354 (E.E.O.C. Mar. 30, 2017)

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

Tianna M,1
Complainant,

v.

John F. Kelly,
Secretary,
Department of Homeland Security
(Federal Emergency Management Agency),
Agency.

Appeal No. 0120170354

Hearing No. 520-2010-00320X

Agency No. HS-11-FEMA-00077

DISMISSAL OF APPEAL

By Notice of Appeal postmarked January 11, 2016, Complainant filed an appeal with this
Commission from the October 31, 2014 final Agency decision concerning her EEO complaint
of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. § 2000e et seq. For the following reasons, the Commission
DISMISSES Complainant’s appeal.

On April 25, 2011, Complainant filed a formal complaint alleging the Agency subjected her to
a hostile work environment based on race (African-American) and in reprisal for prior EEO
activity when:

1. On January 28, 2011 to present, Complainant’s manager sent numerous emails to
customers to double-check Complainant’s efforts and sent emails to Complainant
and courtesy copied others to chastise Complainant publicly.

2. On January 28, 2011 to present, Complainant’s manager singled out Complainant
with specific actions.

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.
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3. On January 28, 2011 to present, upper management did not allow Complainant the
experience to ensure tasks were completed or addressed properly, “blew off”
meetings with Complainant, and blindsided her.

4. On or about January 28, 2011 to present, Complainant’s manager laughed under her
breath at Complainant during a calendar meeting, shot down suggestions made by
Complainant, scolded Complainant in emails, and “tag-teamed’ with upper
management to belittle Complainant in front of others.

5. On March 7, 2011, Complainant’s manager denied Complainant’s pre-approved
training.

6. On April 13, 2011, Complainant’s supervisor invited the entire office, except for
Complainant to the Tabletop Exercise (NTTE)/Senior Leaders Seminar (SLS)/FCO
Operational Review.

7. As late as April 14, 2011, Complainant’s manager chastised and yelled at her in
front of bystanders.

8. On April 22, 2011, management denied Complainant cross-training as a Reporting
Specialist, while a coworker was allowed to cross-train as a Brief Specialist.

9. On May 2, 2011, management gave Complainant her second quarter review and
scored Complainant negatively on two critical elements.

10. On May 5, 2011, Complainant’s supervisor denied Complainant’s request to
participate in the National Level Exercise 2011 and sent two other employees.

11. On May 13, 2011, management placed Complainant on a Performance
Improvement Plan (PIP).

12. On May 13, 2011, Complainant’s supervisor yelled at Complainant and told her that
“there is no formal training” and that she would have a back-up contractor train
Complainant because Complainant did not know her job. Complainant’s supervisor
further ridiculed Complainant by stating, “[The contractor] can hold your hand
through the process o-o-o . . . ok.”

13. On May 19, 2011, Complainant’s supervisor left Complainant out of the loop on
significant information needed to perform her job.

Complainant requested a hearing on her complaint before an Equal Employment Opportunity
Commission Administrative Judge (AJ). On April 25, 2013, the AJ dismissed Complainant’s
hearing request. The Agency issued a final decision dated October 31, 2014, on
Complainant’s complaint finding no discrimination.
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By regulation, a complainant’s appeal must be filed within 30 days of receipt of an agency’s
final action. 29 C.F.R. § 1614.402(a). We note the Agency’s final decision contained a
certificate of service stating that for timeliness purposes, it shall be presumed that the parties
received the decision within five calendar days after it was sent by mail. The certificate of
service indicated it was mailed to Complainant on November 3, 2014. A review of the final
decision reveals that the Agency properly advised Complainant that she had 30 calendar days
after receipt of its final decision to file her appeal with the Commission. Complainant did not
file her appeal until January 11, 2016. Upon review, we find Complainant’s appeal was filed
beyond the 30-day time limit. Complainant has not offered adequate justification for an
extension of the applicable time limit for filing her appeal.

Accordingly, Complainant's appeal is DISMISSED pursuant to 29 C.F.R. §1614.403(c).

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)

The Commission may, in its discretion, reconsider the decision in this case if the Complainant
or the Agency submits a written request containing arguments or evidence which 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 to reconsider, with supporting statement or brief, must be filed with the Office of
Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision or within
twenty (20) calendar days of receipt of another party’s timely request for reconsideration. 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). All requests and arguments
must be submitted to the Director, Office of Federal Operations, Equal Employment
Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960,
Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. In
the absence of a legible postmark, the request to reconsider shall be deemed timely filed if it is
received by mail within five days of the expiration of the applicable filing period. See 29
C.F.R. § 1614.604. The request or opposition must also include proof of service on the other
party.

Failure to file within the time period will result in dismissal of your request for reconsideration
as untimely, unless extenuating circumstances prevented the timely filing of the request. Any
supporting documentation must be submitted with your 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).
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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

March 30, 2017
Date