Complainant,v.John M. McHugh, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

May 7, 2015

05-2015-0201-0500 (E.E.O.C. May. 7, 2015)

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

,
Complainant,

v.

John M. McHugh,
Secretary,
Department of the Army,
Agency.

Request Nos. 0520150201 & 0520150202

Appeal Nos. 0120142879 & 0120142529

Agency Nos. ARARL14MAY01788 & ARARL14JAN00327

DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal Nos.
0120142879 & 0120142529 (December 16, 2014). 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 our prior decision, we consolidated the appeals and affirmed the Agency’s dismissal of both
complaints for untimely EEO Counselor contact. In support of her request for reconsideration,
Complainant argues that one of her prior complaints (Agency No. ARARL13MAR00905)
should have been amended to include the claim raised in Agency No. ARARL14JAN00327.
However, we decline to find the claims at issue sufficiently like or related to have demanded
amendment under 29 C.F.R. § 1614.106(d). We are not persuaded that this request meets
either of the criteria set forth above.

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 Nos. 0120142879 &
0120142529 remains the Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on this request.

0520150201
0520150202

2
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

(Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an
attorney, you may request from the Court that the Court appoint an attorney to represent you
and that the Court also permit you to file the action without payment of fees, costs, or other
security. See

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791, 794(c). The grant or
denial of the request is within the sole discretion of the Court. Filing a request for an attorney
with the Court does not extend your time in which to file a civil action. Both the request and
the civil action must be filed within the time limits as stated in the paragraph above (“Right to
File a Civil Action”).

FOR THE COMMISSION:

______________________________
Carlton M. Hadden, Director
Office of Federal Operations

Date
May 7, 2015