Nia G.,1 Complainant,v.Rick Perry, Secretary, Department of Energy, Agency.Download PDFEqual Employment Opportunity CommissionSep 17, 20192019003373 (E.E.O.C. Sep. 17, 2019) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Nia G.,1 Complainant, v. Rick Perry, Secretary, Department of Energy, Agency. Request No. 2019003373 Appeal No. 2019000689 Agency No. 180034-HQ-MA DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Nia G. v. Dep’t of Energy, EEOC Appeal No. 2019000689 (March 5, 2019). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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, a Senior System Analyst, alleged that the Agency subjected her to discrimination and a hostile work environment on the bases of her race, age, and in reprisal for prior protected EEO as evidenced by several incidents. In its final decision, the Agency dismissed the complaint, pursuant to 29 C.F.R. § 1614.107(a)(2), as untimely filed. The Agency determined that Complainant received the Notice of the Right to File a Formal Complaint on February 22, 2018, but that she did not file a formal complaint until March 16, 2018, which was beyond the 15-day time limit. 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. 2019003373 2 On appeal, the Commission affirmed the Agency’s dismissal, finding that the record established that Complainant did not comply with the 15-day filing requirement for formal complaints and that she failed to provide an adequate excuse for that failure. In her request for reconsideration, Complainant maintains, without elaboration, that she was unable to meet the formal complaint filing deadline because during the relevant period her “ability to focus” was impaired due to her facing “pervasive and corrosive actions.” The Commission is sympathetic to Complainant's situation; however, the Commission has consistently held that an extension is warranted only where an individual is so incapacitated by his or her condition that he or she is unable to meet the regulatory time limits. The Commission previously found that Complainant failed to provide sufficiently persuasive evidence to waive the regulatory filing limitation. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-18 (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. We find that Complainant’s arguments do not demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law or will have a substantial impact on the policies, practices, or operations of the agency. Accordingly, we find that Complainant has failed to demonstrate that the Commission should reconsider its appellate decision. 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. 2019000689 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. 2019003373 3 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 September 17, 2019 Date Copy with citationCopy as parenthetical citation