U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Darlene P.,1
Complainant,
v.
Andrew M. Saul,
Commissioner,
Social Security Administration,
Agency.
Request No. 2019002629
Appeal No. 0120151461
Agency No. SF140223SSA
DECISION ON REQUEST FOR RECONSIDERATION
Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120151461 (November 16, 2017).
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(b).
By regulation, requests for reconsideration must be filed within thirty (30) calendar days after the
party receives the previous decision. 29 C.F.R. § 1614.405(b). A document is timely if it is
received or postmarked before the expiration of the applicable filing period or, in the absence of
a legible postmark, if it is received by mail within five days of the expiration of the applicable
filing period. 29 C.F.R. § 1614.604(b).
It is noted that the Commission’s previous decision included a Certificate of Mailing indicating
that, for purposes of timeliness, the Commission will presume that the decision was received
within five (5) calendar days of the date on which it was mailed, November 16, 2017.
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.
20190026292
As such, Complainant is presumed to have received the previous decision no later than
November 21, 2017. Thirty days from that date is December 21, 2017. As evidenced by the date
on her email requesting reconsideration, Complainant emailed the request on March 25, 2019,
over a year and a half later and well beyond the 30-day limit set by regulation. No reason was
provided for the delay. Complainant merely stated that she received the decision on March 13,
2019. She gave no explanation or proof as to how she received it or why there was such a
significant delay.
For the foregoing reasons, the Complainant's request is denied. The decision in EEOC Appeal
No. 0120151461 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 27, 2019
Date
