Celinda L.,1 Complainant,v.Carolyn W. Colvin, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Jan 4, 2017

0520170005 (E.E.O.C. Jan. 4, 2017)

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

Celinda L.,1
Complainant,

v.

Carolyn W. Colvin,
Acting Commissioner,
Social Security Administration,
Agency.

Request No. 0520170005

Appeal No. 0120161438

Agency No. KC-15-1006-SSA

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120161438 (July 29, 2016). 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).

Complainant filed a complaint in which she alleged that the Agency discriminated against her
on the bases of race (African American) and age (over 40) by terminating her from her
position as a Claims Authorizer on August 7, 2015. In our previous decision, we affirmed the
Agency’s decision to dismiss the complaint on the grounds that the formal complaint was
untimely filed. We found that Complainant had received notice of her right to file a complaint
on November 18, 2015, that she was aware that she had fifteen calendar days from receiving
the notice in which to file a complaint, and that she did not file her complaint until December
23, 2015, well beyond the 15-day time frame.

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.
0520170005

2
In her request for reconsideration, Complainant contends that she was given incorrect
information by her own representative as to when to file her complaint. The fact remains,
however, that she acknowledged receipt of the notice of right to file a formal complaint on
November 18, 2015, and therefore had until December 3, 2015 to actually file the complaint.
While the Agency and the previous decision indicated a filing date of December 23, 2015, the
complaint form itself sets forth a filing date of December 10, 2015, seven days past the
expiration of the 15-day filing period. Consequently, the result of our previous decision
remains unchanged.

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. 0120161438 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
0520170005

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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 4, 2017
Date