Adah P.,1 Complainant,v.James N. Mattis, Secretary, Department of Defense (Defense Logistics Agency), Agency.

Equal Employment Opportunity Commission

Apr 5, 2019

2019000922 (E.E.O.C. Apr. 5, 2019)

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

Adah P.,1
Complainant,

v.

James N. Mattis,
Secretary,
Department of Defense
(Defense Logistics Agency),
Agency.

Request No. 2019000922

Appeal No. 0120182542

Agency No. DLAN180113

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182542 (September 25, 2018).
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(c).

At the time of events giving rise to this complaint, Complainant worked as a Distribution Process
Worker Supervisor, WS-6901-06 at the Agency’s Defense Logistics Agency Distribution Warner
Robins facility in Robins AFB, Georgia.

On February 25, 2018, Complainant contacted an EEO Counselor regarding her complaint.
Unable to resolve the matter, Complainant filed her complaint on May 12, 2018, alleging
discrimination based on race, color, national origin, sex, religion, and in reprisal for prior EEO

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.
2019000922

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activity when she was subjected to harassment, reassignment, and work schedule in February
2018.

On June 8, 2018, the Agency dismissed the complaint due to untimely filing of a formal
complaint pursuant to 29 C.F.R. § 1614.107(a)(2). Specifically, the Agency indicated that
Complainant received a notice of her right to file a formal complaint on April 18, 2018. Therein,
Complainant was notified to file her complaint within 15 days of her receipt of the notice.
Complainant did not file her complaint until May 12, 2018, which was beyond the 15-day time
limit. Complainant appealed. The Commission affirmed the Agency’s decision dismissing the
complaint due to untimely filing.

Complainant files the instant request. We note that Complainant’s appeal brief (for the prior
appeal) dated August 14, 2018, was possibly not in our record at the time the appeal decision
was issued. We have, however, now thoroughly reviewed the brief. The record clearly indicates
that the EEO Counselor hand-delivered to Complainant a notice of her right to file a complaint
on April 18, 2018. Complainant contested on appeal that, “Complainant’s recollection is that
Agency EEO personnel agreed on April 18 to postpone the final interview and issuance of the
Right to File so that Complainant could obtain legal advice regarding the settlement offer.”
Complainant further indicated that, “It was my understanding that the Agency’s EEO personnel
agreed to my request.” Complainant failed to provide any evidence that there was such an
agreement to extend the final interview. In her request, Complainant reiterates arguments she
previously made.

After reviewing the previous decision and the entire record, the Commission finds that the
request fails to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 0120182542 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.

2019000922

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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

April 5, 2019
Date