Alana W., Complainant,v.Sean J. Stackley, Acting Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

May 18, 2017

0520170200 (E.E.O.C. May. 18, 2017)

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

Alana W.,
Complainant,

v.

Sean J. Stackley,
Acting Secretary,
Department of the Navy,
Agency.

Request No. 0520170200

Appeal No. 0120170279

Agency No. DON-16-62974-02493

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120170279
(January 4, 2017). EEOC Regulations provide that the Commission may, in its discretion, grant
a request to reconsider any previous Commission decision 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).

In her underlying complaint, Complainant alleged that the Agency subjected her to unlawful
retaliation for prior protected EEO activity when, on February 10, 2016, she was issued a letter
of reprimand for having violated the provisions of a “letter of caution” she had previously
received. In its final decision, the Agency dismissed the complaint, pursuant to 29 C.F.R. §
1614.107(a)(2) for untimely EEO Counselor contact. On appeal, the Commission affirmed the
Agency’s dismissal, finding that Complainant had not offered an explanation sufficient to excuse
Complainant’s untimely EEO Counselor contact.

In her request for reconsideration, Complainant reiterates the arguments she raised on appeal.
She contends that her EEO Counselor contact was timely because she promptly initiated a union

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.
0520170200

2
grievance. Complainant’s position is not well taken. Her initial EEO Counselor contact took
place more than three months after the date of the discriminatory action. An aggrieved person
must seek EEO counseling within 45 days of the date of the alleged discriminatory action. 29
C.F.R. § 1614.105(a)(1) & .107(a)(2). The utilization of internal agency procedures, union
grievances, and other remedial processes does not toll the time limit for contacting an EEO
Counselor. Ellis v. United States Postal Service, EEOC Appeal No. 011992093 (Nov. 29, 2000).

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. 0120170279 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

May 18, 2017
Date