Mac O.,1 Complainant,v.Richard V. Spencer, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Oct 9, 2019

2019004000 (E.E.O.C. Oct. 9, 2019)

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

Mac O.,1
Complainant,

v.

Richard V. Spencer,
Secretary,
Department of the Navy,
Agency.

Request No. 2019004000

Appeal No. 0120180276

Hearing No. 480-2015-00070X

Agency No. DON 14-69232-01001

DISMISSAL OF REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180276 (March 20, 2019). On
January 28, 2014, Complainant filed his complaint alleging discrimination based on race and in
reprisal for prior EEO activity when on November 20, 2013, he was terminated from his position
as Cook. On July 13, 2017, the Agency issued its final decision finding no discrimination as
alleged. Complainant appealed the Agency’s final decision on October 26, 2017. The
Commission previously dismissed his appeal as untimely filed.

EEOC Regulation 29 C.F.R. § 1614.405(c) provides that a request for reconsideration to the
Commission must be filed within 30 calendar days after a complainant receives the appeal
decision. The appeal decision specifically included a Certificate of Mailing indicating that for
timeliness purpose, the Commission will presume that the decision was received within five
calendar days after it was mailed, which was March 20, 2019. Complainant filed the instant
request via facsimile on April 29, 2019, which was beyond the 30-day time limit including the

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.
2019004000

2
five-day presumption of receipt of the Commission decision. In his request, Complainant does
not provide any justification for extending the filing period beyond 30 days.

Accordingly, the request is DISMISSED as untimely pursuant to § 1614.405(c). The decision in
EEOC Appeal No. 0120180276 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

October 9, 2019
Date