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

Equal Employment Opportunity Commission

Aug 14, 2015

01-2015-2182-0500 (E.E.O.C. Aug. 14, 2015)

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

Complainant,

v.

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

Appeal No. 0120152182

Agency No. CHI-11-0943-SSA

DISMISSAL OF APPEAL
The record indicates that on August 16, 2012, the Agency forwarded a copy of Complainant’s
notice of appeal, dated March 22, 2012, wherein which she, via her attorney, appealed the
Agency’s final decision, dated February 20, 2012, concerning her complaint of unlawful
employment discrimination. In her complaint, Complainant alleged discrimination based on
disability when on unspecified dates between July, 2009, and August, 2011, she was not
selected for any positions in the Chicago Teleservice Center (advertised under unspecified
vacancy number(s)). EEOC Regulation 29 C.F.R. §1614.402 provides that appeals to the
Commission must be filed within 30 calendar days after a complainant receives notice of the
Agency’s decision.

In the notice of appeal, Complainant’s attorney admits that he received the Agency’s final
decision on February 28, 2012. The record reveals that the Agency’s final decision explicitly
informed Complainant of the time limits on her right to appeal as well as the address for the
Office of Federal Operations. Our records are devoid any evidence of Complainant’s filing of
her March 22, 2012 notice of appeal to the Office of Federal Operations until the Agency’s
forwarding of such on August 16, 2012, which was beyond 30-day time limit set by the
regulations. The record indicates that the attorney also sent to the Agency a copy of
Complainant’s brief in support of appeal, dated April 19, 2012, which was addressed to the
Equal Employment Opportunity Commission, Chicago District Office. Even if we assume
Complainant’s appeal brief was sent to the Chicago District Office and if we were to deem that
brief as the filing of her appeal, such an initial filing on April 19, 2012, is still untimely.
Complainant does not submit any adequate justification to invoke waiver or equitable tolling
0120152182

2
for filing the appeal. Accordingly, the appeal is DISMISSED as untimely pursuant to 29
C.F.R. § 1614.403(c).

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION

(M0610)
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 9-18 (November 9, 1999). All requests and arguments must be
submitted to the Director, Office of Federal Operations, Equal Employment Opportunity
Commission, P.O. Box 77960, Washington, DC 20013. 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
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.

0120152182

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 Complainants 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

August 14, 2015
Date