Cher B.,1 Complainant,v.Robert D. Snyder, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Feb 8, 2017

0120170087 (E.E.O.C. Feb. 8, 2017)

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

Cher B.,1
Complainant,

v.

Robert D. Snyder,
Secretary,
Department of Veterans Affairs,
Agency.

Appeal No. 0120170087

Hearing No, 490-2010-00195X

Agency No. 200305982010100586

DISMISSAL OF APPEAL

By Notice of Appeal postmarked September 2, 2016, Complainant filed an appeal with this
Commission from the September 26, 2011 final Agency decision concerning her 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. For the following reasons, the
Commission DISMISSES Complainant’s appeal.

On February 19, 2010, Complainant filed an EEO complaint alleging that she was subjected to
discrimination in reprisal for prior EEO activity when on October 7, 2009, the Chief of Police
denied her request for promotion to Office Automation Clerk, GS-0326-4.

At the conclusion of the investigation, the Agency provided Complainant with a copy of the
report of investigation and notice of her right to request a hearing before an Equal Employment
Opportunity Commission Administrative Judge (AJ). Complainant requested a hearing.
Thereafter, Complainant withdrew her hearing request. On July 11, 2011, the AJ remanded
the complaint to the Agency for the issuance of a final Agency decision. The Agency issued a
final decision dated September 26, 2011, finding no discrimination.

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.
0120170087

2
Upon review we find Complainant’s appeal was untimely filed. Appeals must be filed within
30 days of receipt of an agency’s final decision. The Commission has consistently held that a
complainant must act with due diligence in the pursuit of her claim or the doctrine of laches
may apply. See Complainant v. United States Postal Serv., EEOC Appeal No. 01A45023
(November 18, 2004) (finding that the doctrine of laches applied when complainant waited
over two years from the date of the alleged discriminatory events before contacting an EEO
Counselor); Complainant v. Department of Health and Human Serv., EEOC Request No.
05901130 (December 27, 1990). The doctrine of laches is an equitable remedy under which
an individual’s failure to pursue diligently her course of action could bar her claim.
Complainant waited almost five years from the date the Agency says it issued its final decision
until she appealed. Complainant has failed to provide adequate justification for extending or
tolling the time limit.

Accordingly, Complainant’s appeal is DISMISSED pursuant to 29 C.F.R. § 1614.403(c).

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.

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
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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

February 8, 2017
Date