Brigette L.,1 Complainant,v.Kevin McAleenan, Acting Secretary, Department of Homeland Security (Transportation Security Administration), Agency.Download PDFEqual Employment Opportunity CommissionJun 19, 20190120181627 (E.E.O.C. Jun. 19, 2019) Copy Citation 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 Copy with citationCopy as parenthetical citation