Augustine P,1 Complainant,v.Penny Pritzker, Secretary, Department of Commerce, Agency.

Equal Employment Opportunity Commission

Jan 25, 2017

0120161215 (E.E.O.C. Jan. 25, 2017)

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

Augustine P,1
Complainant,

v.

Penny Pritzker,
Secretary,
Department of Commerce,
Agency.

Appeal No. 0120161215

Agency No. 63201500122

DISMISSAL OF APPEAL

By Notice of Appeal postmarked March 7, 2016, Complainant filed an appeal with this
Commission from the February 2, 2016 final agency decision concerning his EEO complaint of
unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment
Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq., and the Equal Pay Act (EPA) of
1963, as amended, 29 U.S.C. § 206(d) et seq. For the following reasons, the Commission
DISMISSES Complainant’s appeal.

On May 26, 2015, Complainant filed an EEO complaint alleging that the Agency subjected
him to discrimination based on age, sex, and in reprisal for opposing discriminatory pay
practices when:

1. The Agency denied his request to re-classify his position.
2. The Agency denied his request that a desk audit of his position be performed.
3. He has been subjected to ongoing pay discrimination in violation of the Equal Pay
Act, Title VII of the Civil Rights Act, and the Age Discrimination in Employment
Act because he performs the same duties and holds the same responsibilities as
younger and/or female coworkers who are compensated at higher grades.

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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At the conclusion of the investigation on the complaint, the Agency provided Complainant with
a copy of the report of investigation and notice of his right to receive a final decision from the
Agency or to request a hearing before an Equal Employment Opportunity Commission
Administrative Judge (AJ). When Complainant did not respond within the requisite timeframe,
the Agency issued a final decision dated February 2, 2016.

The record establishes that the Agency’s final decision was sent to Complainant’s designated
attorney representative by United Parcel Service (UPS) Ground shipping. A copy of the
tracking information from UPS shows that the Agency’s final decision was received at the
attorney’s address of record on February 3, 2016. A review of the final decision reveals that
the Agency properly advised Complainant that he had 30 calendar days after receipt of its final
decision to file his appeal with the Commission. Therefore, in order to be considered timely,
Complainant had to file his appeal no later than March 4, 2016. Complainant has not offered
adequate justification for an extension of the applicable time limit for filing his appeal.
Accordingly, Complainant's March 7, 2016 appeal is untimely and is DISMISSED. See 29
C.F.R. § 1614.403(c); Complainant v. Department of Veterans Affairs, EEOC Appeal No.
0120151485 (July 29, 2015).

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)

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 or within
twenty (20) calendar days of receipt of another party’s timely request for reconsideration. 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. The requests 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. The request or opposition must also include proof of service on the other
party.

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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

January 25, 2017
Date