Melvin C, Complainant,v.Dr. David J. Shulkin, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Aug 4, 2017

0520170357 (E.E.O.C. Aug. 4, 2017)

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

Melvin C,
Complainant,

v.

Dr. David J. Shulkin,
Secretary,
Department of Veterans Affairs,
Agency.

Request No. 0520170357

Appeal No. 0120170837

Agency No. 200406592016104616

DISMISSAL OF REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120170837 (March
21, 2017). 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).

In his underlying complaint, Complainant alleged that he was subjected to discrimination based
on disability and age when:

On June 6, 2016, he was not selected for the position of Security Clerk, GS-0086-05,
under Vacancy Announcement Number VHA-659-16-AK-1654764-BU.

The Agency issued a final decision dismissing Complainant’s complaint on the grounds of
untimely EEO Counselor contact. Complainant appealed the Agency’s dismissal to the
Commission. In our prior decision, the Commission affirmed the Agency’s dismissal of
Complainant’s complaint.

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.
0520170357

2

By regulation, requests must be filed within 30 calendar days after the party receives the
previous decision. 29 C.F.R. § 1614.405(b). A document is timely if it is received or
postmarked before the expiration of the applicable filing period or, in the absence of a legible
postmark, if it is received by mail within five days of the expiration of the applicable filing
period. 29 C.F.R. § 1614.604(b).

It is noted that the Commission’s previous decision included a Certificate of Mailing indicating
that, for purposes of timeliness, the Commission would presume that the decision was received
within five calendar days of the date on which it was mailed, March 21, 2017. Therefore,
Complainant is presumed to have received the previous decision no later than March 26, 2017.
Complainant’s request was delivered via fax on May 18, 2017 which was beyond the 30-day
limit set by regulation. In his request, Complainant does not submit adequate justification for
extending the filing period beyond 30 days. Accordingly, Complainant’s request for
reconsideration of the Commission’s prior decision is DISMISSED as untimely pursuant to
§1614.405.

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.

0520170357

3
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

August 4, 2017
Date