Complainant,v.John M. McHugh, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Jul 2, 2015

05-2015-0320-0500 (E.E.O.C. Jul. 2, 2015)

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

,
Complainant,

v.

John M. McHugh,
Secretary,
Department of the Army,
Agency.

Request No. 0520150320

Appeal No. 0120143024

Hearing No. 531-2014-00031X

Agency No. ARAPG12FEB01026

DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Complainant v. Department of
the Army, EEOC Appeal No. 0120143024 (February 20, 2015). 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).
The record indicates that Complainant filed his complaint alleging discrimination based on race
(African American), color (black), and national origin (American) when on June 13, 2011, he
was terminated from his position as an Electronics Engineer, GS-0855-13, during his
probationary period. On July 31, 2014, the Agency issued its final order finding no
discrimination concerning Complainant’s complaint. Upon Complainant’s appeal, the
Commission dismissed the appeal due to untimely filing of his appeal. Specifically, the
Commission found that Complainant received the Agency’s decision on August 2, 2014, but he
did not file his appeal until September 3, 2014, which was one day after the filing deadline of
September 2, 2014, which was extended following the Labor Day federal holiday of Monday,
September 1, 2014. On his request, Complainant contends that he was out of town on August
2, 2014, and did not receive the Agency’s decision until August 4, 2014. The record reveals
that Complainant clearly signed and dated the return receipt indicating his receipt of the
Agency’s decision on August 2, 2014. Complainant provides, other than his mere assertions,
0520150320

2
no evidence that he did not sign the return receipt or any evidence disputing the authenticity of
his signature thereon.

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. 0120143024 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

(Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an
attorney, you may request from the Court that the Court appoint an attorney to represent you
and that the Court also permit you to file the action without payment of fees, costs, or other
security. See

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791, 794(c). The grant or
denial of the request is within the sole discretion of the Court. Filing a request for an attorney
with the Court does not extend your time in which to file a civil action. Both the request and
the civil action must be filed within the time limits as stated in the paragraph above (“Right to
File a Civil Action”).

FOR THE COMMISSION:

______________________________
Carlton M. Hadden, Director
Office of Federal Operations

Date
July 2, 2015