Ronnie T. Horne, a/k/a Lilian C.,1 Complainant,v.Sally Jewell, Secretary, Department of the Interior, Agency.

Equal Employment Opportunity Commission

Jan 25, 2017

0520170077 (E.E.O.C. Jan. 25, 2017)

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

Ronnie T. Horne, a/k/a
Lilian C.,1
Complainant,

v.

Sally Jewell,
Secretary,
Department of the Interior,
Agency.

Request No. 0520170077

Appeal No. 0120161072

Agency No. DOI-OS-15-0791

DECISION ON REQUEST FOR RECONSIDERATION

The Agency timely requested reconsideration of the decision in EEOC Appeal No.
0120161072 (June 9, 2016). 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 her underlying complaint, Complainant claimed that she was discriminated against on the
bases of her disability (unspecified) and in reprisal for her prior EEO activity arising under
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and Section
501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq.

In its final decision, the Agency dismissed the complaint pursuant to EEOC Regulation 29
C.F.R. § 1614.107(a)(2) on the grounds that Complainant failed to file the complaint in a
timely manner. The Agency determined that Complainant received a Notice of Right to File a
Discrimination Complaint on October 8, 2015. Complainant signed her formal complaint on

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.
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October 20, 2015, and the Agency received the formal complaint via inter-office mail on
October 28, 2015. The Agency noted that the inter-office envelope did not contain a postmark
date. The Agency stated that it received the formal complaint five days after the expiration of
the fifteen-day filing period.

On appeal, the Commission addressed Complainant’s arguments and found that the Agency
improperly dismissed the complaint. We observed that Complainant had signed the formal
complaint form on October 20, 2015, which was consistent with her assertion that she placed
the complaint in inter-office mail on the same date. We also reasoned that Complainant had no
indication that inter-office mail could take eight days for delivery. We stated that although we
have previously held that the rule providing a five-day extension for lack of a legible postmark
is in reference to documents sent through the public mail and not inter-office mail, we
considered Complainant’s claim that she was confused about this issue to be credible.

In its request to reconsider, the Agency contends that our prior decision should be reversed
because Complainant knew or should have known that in order to ensure timely filing with
supporting evidence, her complaint should have been filed in person or via public mail. The
Agency argues that a finding in Complainant’s favor substantially impacts its policies,
practices, or operations. The Agency maintains that it would therefore be required to accept
any EEO complaint filed through inter-office mail, timely or not. According to the Agency, it
would be necessary to seek additional resources in its mailroom or in the alternative, prohibit
the filing of EEO complaints via inter-office mail. The Agency cites previous Commission
decisions that it argues support its position that an item of inter-office mail must be received
before the expiration of the applicable filing period, just as any document delivered in person.

We do not find that the Agency has established that the previous decision involved a clearly
erroneous interpretation of material fact or law, or that it will have a substantial impact on the
policies, practices, or operations of the agency. The previous decision noted that the facts of
this case are unique, such that there existed an adequate basis to excuse the brief delay in
filing, in accordance with 29 C.F.R. § 1614.604(c). We find that the unique circumstances
found here militate against this case being so broadly applicable such that the Agency will
experience the adverse impact on its practices and operations which it posits in its request for
reconsideration.

Therefore, 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. 0120161072 remains
the Commission's decision. There is no further right of administrative appeal on the decision
of the Commission on this request. The Agency shall comply with the Order as set forth
below.

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ORDER (E1016)

The Agency is ordered to process the remanded claims in accordance with 29 C.F.R.
§ 1614.108. The Agency shall acknowledge to the Complainant that it has received the
remanded claims within thirty (30) calendar days of the date this decision was issued. The
Agency shall issue to Complainant a copy of the investigative file and also shall notify
Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date
this decision was issued, unless the matter is otherwise resolved prior to that time. If the
Complainant requests a final decision without a hearing, the Agency shall issue a final decision
within sixty (60) days of receipt of Complainant’s request.

A copy of the Agency’s letter of acknowledgment to Complainant and a copy of the notice that
transmits the investigative file and notice of rights must be sent to the Compliance Officer as
referenced below.

IMPLEMENTATION OF THE COMMISSION’S DECISION (K0610)

Compliance with the Commission’s corrective action is mandatory. The Agency shall submit
its compliance report within thirty (30) calendar days of the completion of all ordered
corrective action. The report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC
20013. The Agency’s report must contain supporting documentation, and the Agency must
send a copy of all submissions to the Complainant. If the Agency does not comply with the
Commission’s order, the Complainant may petition the Commission for enforcement of the
order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to
enforce compliance with the Commission’s order prior to or following an administrative
petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R.
§ 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the
underlying complaint in accordance with the paragraph below entitled “Right to File a Civil
Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil
action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing
of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R.
§ 1614.409.

COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (R0610)

This is a decision requiring the Agency to continue its administrative processing of your
complaint. However, if you wish to file a civil action, you have the right to file such action in
an appropriate United States District Court within ninety (90) calendar days from the date that
you receive this decision. In the alternative, you may file a civil action after one hundred and
eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your
appeal with the Commission. 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
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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. 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

January 25, 2017
Date