U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Dolores J.,1
Complainant,
v.
William Barr,
Attorney General,
Department of Justice
(Executive Office of the U.S. Attorneys),
Agency.
Appeal No. 0120180998
Agency No. USA-2016-00601
DISMISSAL OF APPEAL
Complainant, via her attorney, filed an appeal with the Equal Employment Opportunity
Commission (EEOC or Commission) from the Agency’s December 12, 2017 final 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. and the Equal Pay
Act (EPA) of 1963, as amended, 29 U.S.C. § 206(d) et seq. For the following reasons, the
Commission DISMISSES Complainant’s appeal.
On August 5, 2017, Complainant filed a formal EEO complaint. The Agency defined the
complaint as follows:
1. Management subjected Complainant to disparate treatment on the bases of sex, parental
status, and/or EEO activity, when:
a. Since June 2015, she had been treated differently and subjected to more scrutiny
than male Assistant United States Attorneys (AUSAs) with regard to work
performance, training, and work hours;
b. From November 2015, to May 2016, her telework request was ignored;
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.
01201809982
c. On March 10, 2016, she was rated “Successful” on her 2015 annual performance
appraisal, and her request for reconsideration and grievance of the rating were
denied on March 23 and April 7, 2016, respectively;
d. On March 23, 2016, the U.S. Attorney commented that Complainant dressed in a
“unisex fashion;”
e. On July 20, 2016, her overtime request was denied;
f. On July 25, 2016, her request for additional assistance during her legal assistant's
extended medical leave was denied; and
g. In Late August 2015, management made announcements to staff which were
intended to “take action against” her and/or to isolate and marginalize her.
2. Complainant was subjected to disparate treatment on the bases of sex, parental status,
and/or EEO activity, and/or violated the EPA, when, she said, she was not paid “a salary
equivalent to half of the maximum salaries of the male AUSAs.”
EEOC Regulation 29 C.F.R. §1614.402(a) provides that appeals to the Commission must be filed
within 30 calendar days after receipt of the Agency’s decision. Where Complainant is represented
by an attorney, the time period will be calculated by the date of receipt by the attorney, not the
complainant. 29 C.F.R. § 1614.402(b). The Commission’s regulations further provide that a
document shall be deemed 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).
The Agency issued a final decision on December 12, 2017. Complainant’s attorney admits on
appeal that he received the Agency’s final decision on December 18, 2017. A review of the
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’s appeal, which
did not have a legible postmark, was received by the Commission on January 26, 2018, which was
beyond the applicable limitations period, including the 5-day extension, described above.
Complainant has not offered adequate justification for an extension of the applicable time limit for
filing her appeal.
Accordingly, Complainant's appeal is untimely and is DISMISSED. See 29 C.F.R. §1614.403(c).
01201809983
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party shall have
twenty (20) calendar days of receipt of another party’s timely request for reconsideration in
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). All requests and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission. Complainant’s request 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 agency’s request must be submitted
in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. §
1614.403(g). 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).
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.
01201809984
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
July 11, 2019
Date
