U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Verna G.,1
Complainant,
v.
Sylvia Mathews Burwell,
Secretary,
Department of Health and Human Services
(Centers for Disease Control and Prevention),
Agency.
Appeal No. 0120143167
Hearing No. 410-2013-00323X
Agency No. HHS-CDC-0389-2012
DISMISSAL OF APPEAL
Complainant filed an appeal with this Commission from the Agency’s final order, dated July
31, 2014, concerning her complaint of unlawful employment discrimination. In her complaint,
Complainant alleged discrimination based on sex (female), race (Caucasian), color (blue),
religion (Catholic), disability, age (over 40), and in reprisal for prior EEO activity when on
July 22, 2012, she was not selected for the position of Director, Division of Oral Health, GS-
0601-15; and in May 2012, she discovered that the Agency illegally composed an interview
and selection committee that contained a contractor and other members who were aware of her
previous EEO activity. EEOC Regulation 29 C.F.R. §1614.402 provides that appeals to the
Commission must be filed within 30 calendar days after a complainant receives notice of the
agency’s decision. The regulation further provides 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).
It is noted that the Agency’s final order included a Certificate of Mailing indicating that for
timeliness purpose, the Agency will presume that the final order was received within five
calendar days of mailing, which was July 31, 2014. Complainant filed the appeal which was
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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received by the Commission on September 11, 2014. The appeal had no legible postmark.
Thus, the appeal was filed beyond the 30-day time limit. The record reveals that the Agency’s
final order explicitly informed Complainant of the time limits on her right to appeal. On
appeal, Complainant does not submit any adequate justification to overcome the above
presumption nor does he submit adequate justification for extending the requisite filing period.
Accordingly, the appeal is DISMISSED as untimely pursuant to § 1614.403(c).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0815)
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, P.O. Box 77960, Washington, DC 20013. 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).
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”
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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
January 13, 2016
Date
