Nia G.,1 Complainant,v.Rick Perry, Secretary, Department of Energy, Agency.

Equal Employment Opportunity Commission

Sep 17, 2019

2019003373 (E.E.O.C. Sep. 17, 2019)

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.
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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.

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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