[Redacted], Catherina B, 1 Complainant,v.David S. Ferriero, Archivist of the United States, National Archives and Records Administration, Agency.

Equal Employment Opportunity Commission

Mar 16, 2023

Appeal No. 2022003763 (E.E.O.C. Mar. 16, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Catherina B,1 Complainant, v. David S. Ferriero, Archivist of the United States, National Archives and Records Administration, Agency. Request No. 2022004861 Appeal No. 2022003763 Agency No. 2021-06STL DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2022003763 (August 10, 2022). EEOC regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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). During the relevant time, Complainant worked as a Supervisory Archives Specialist, GS-1421- 09, at the Agency’s National Personnel Records Center facility in St. Louis, Missouri. Complainant filed a formal complaint, claiming discrimination based on race, sex, disability, age, and in reprisal for prior protected activity. Complainant alleged that she was subjected to a pattern of harassment, retaliation, disparate treatment, and discrimination by her former first- level supervisor and her current second-level supervisor. 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. 2022004861 2 After an investigation, Complainant was advised of her right to elect to have a hearing by an EEOC Administrative Judge or an Agency final decision. When Complainant did not make that election within the requisite time frame, the Agency issued a final decision concluding that the evidence did not establish that Complainant was subjected to discrimination as alleged. Complainant appealed. In EEOC Appeal No. 2022003763, the Commission dismissed Complainant’s appeal, finding it was untimely. In so doing, the Commission determined that Complainant received the Agency’s final order on April 29, 2022, and Complainant filed her appeal on June 18, 2022, which was after the 30-day time limit set by the regulations. In the instant request for reconsideration, we have carefully reviewed Complainant’s arguments. Complainant asserts that she originally mailed her appeal within the requisite time frame, but she mailed it to the incorrect address that she obtained from a form on the EEOC website. However, we note that the Agency’s final decision advised Complainant of the Commission’s correct address, should she desire to submit an appeal. The Commission has held that when, as here, a Complainant has been provided with the proper address, filing at the wrong address does not constitute a proper filling. See Meggitt v. USPS, EEOC Appeal 01A40408 (February 3, 2004) (formal complaint filed when sent to wrong address despite receipt of proper instructions; Pacheco v. USPS, EEOC Request No. 05930700 (September 10, 1993) (appeal untimely sent to wrong address). We emphasize that a request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. 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. 2022003763 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. 2022004861 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 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 March 16, 2023 Date