Raquel T.,1 Complainant,v.Nancy A. Berryhill, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Feb 1, 2017

0120150019 (E.E.O.C. Feb. 1, 2017)

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

Raquel T.,1
Complainant,

v.

Nancy A. Berryhill,
Acting Commissioner,
Social Security Administration,
Agency.

Appeal No. 0120150019

Agency No. SF-13-0526-SSA

DISMISSAL OF APPEAL

Complainant filed an appeal with this Commission from the Agency’s August 28, 2014 final
decision. Complainant filed a formal complaint alleging that she was subjected to
discrimination and a hostile work environment on the basis of parental status (single parent) as
evidenced by multiple incidents. The Agency issued a decision finding that management had
not discriminated against Complainant based on her parental status. In its decision, the Agency
declined to give Complainant appeal rights to the Commission, noting that a claim of
discrimination based on parental status was not subject to the regulations found at 29 C.F.R.
Part 1614, and did not fall under the Commission's purview. 2 Despite being informed that she
had no appeal rights to the Commission, Complainant filed the instant appeal with the
Commission.

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.

2 Complainant additionally claimed that she was subjected to discrimination and a hostile work
environment based on a disability and in reprisal for prior protected EEO activity. The
Agency investigated those bases at the same time as Complainant’s parental status claim,
provided Complainant a copy of the report of investigation, and informed her of her right to
request a hearing before an Equal Employment Opportunity Commission Administrative Judge
regarding only the disability and reprisal-based claims. Complainant requested a hearing
concerning those bases. The matter was then assigned to the San Francisco District Office
(EEOC Hearing No. 550-2014-00225X).
0120150019

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EEOC Regulation 29 C.F.R. § 1614.103(a) provides that individual and class complaints of
employment discrimination and retaliation prohibited by Title VII of the Civil Rights Act (Title
VII) (discrimination on the bases of race, color, religion, sex, and national origin), the Age
Discrimination in Employment Act (ADEA) (discrimination on the basis of age when the
aggrieved individual is at least 40 years of age), the Rehabilitation Act (discrimination on the
basis of disability), or the Equal Pay Act (sex-based wage discrimination) shall be processed in
accordance with this part. EEOC Regulation 29 C.F.R. § 1614.101(b) provides that no person
shall be subject to retaliation for opposing any practice made unlawful by Title VII (42 U.S.C.
§ 2000e et seq.), the ADEA (29 U.S.C. § 621 et seq.), the Equal Pay Act (29 U.S.C.
§ 206(d)), or the Rehabilitation Act (29 U.S.C. § 791 et seq.), or for participating in any stage
of administrative or judicial proceedings under these statutes.

Even though an Agency’s internal EEO regulations may prohibit discrimination on the basis of
parental status, the Commission only has authority over federal sector complaints of
discrimination on the bases of race, color, religion, sex, national origin, age or disabling
condition. See 29 C.F.R. § 1614.103; §1614.106(a); Brockman v. Dep’t of the Treasury,
EEOC Appeal No. 01A54566 (Sept. 22, 2005) (marital status not covered by Commission).
The Commission finds that the Agency was correct in not providing appeal rights to the
Commission in its decision regarding parental status, and that Complainant has improperly
appealed the Agency’s final decision to the Commission. Consequently, the Commission lacks
jurisdiction over this appeal, and Complainant’s appeal is hereby DISMISSED.

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
0120150019

3
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.

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 1, 2017
Date