Brigette L.,1 Complainant,v.Kevin McAleenan, Acting Secretary, Department of Homeland Security (Transportation Security Administration), Agency.

Equal Employment Opportunity Commission

Jun 19, 2019

0120181627 (E.E.O.C. Jun. 19, 2019)

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

Brigette L.,1
Complainant,

v.

Kevin McAleenan,
Acting Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.

Appeal No. 0120181627

Hearing No. 480-2017-00650X

Agency No. HS-TSA-00036-2017

DECISION

Upon review, the Equal Employment Opportunity Commission (EEOC or Commission) finds
that the Agency’s final order dated March 13, 2018, dismissing Complainant’s complaint due to
untimely filing of a formal complaint is proper pursuant to 29 C.F.R. § 1614.107(a)(2).

At the time of events giving rise to this complaint, Complainant worked as a probationary
Transportation Security Officer, SV-1802-D at Santa Barbara Municipal Airport, in Santa
Barbara, California.

The record indicates that on October 11, 2016, Complainant contacted an EEO Counselor
regarding her complaint. Unable to resolve the matter informally, Complainant received the
notice of right to file a complaint on December 18, 2016. Complainant filed her complaint on
January 25, 2017. Therein, Complainant alleged discrimination based on sex and disability
when: on or about August 26, 2016, she was accused of not properly checking a bag on the x-ray
machine; on or about September 3, 2016, she was told that she was not allowed to screen
passengers; and on or about September 28, 2016, she received a notice of termination.

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.
0120181627

2
After completion of investigation of the complaint, Complainant requested a hearing before an
EEOC Administrative Judge (AJ). On February 27, 2018, the AJ issued a decision dismissing
the complaint due to untimely filing of the formal complaint, pursuant to 29 C.F.R.
§ 1614.107(a)(2). On March 13, 2018, the Agency issued its final order fully implementing the
AJ’s decision.

The record indicates, and Complainant does not dispute, that on December 18, 2016,2 she
received a notice of right to file a complaint dated November 30, 2016. Therein, Complainant
was clearly informed of the 15-day time limit to file her complaint. However, Complainant did
not file her formal complaint until January 25, 2017, which was beyond the limitation period. 29
C.F.R §1614.106(b). On appeal, Complainant fails to provide any evidence warranting an
extension of the time limit for filing the complaint. Thus, we find that the Agency properly
dismissed the complaint due to untimely filing of a formal complaint. See 29 C.F.R.
§ 1614.107(a)(2).

Accordingly, the Agency’s final order is AFFIRMED.

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.

2 We note that the Agency in its final order made a typographical error indicating that
Complainant received the notice of final interview on December 28, 2016, instead of December
18, 2016.
0120181627

3
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.
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 19, 2019
Date