Terrance A.,1 Complainant,v.Sean J. Stackley, Acting Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

May 25, 2017

0520170241 (E.E.O.C. May. 25, 2017)

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

Terrance A.,1
Complainant,

v.

Sean J. Stackley,
Acting Secretary,
Department of the Navy,
Agency.

Request No. 0520170241

Appeal No. 0120152783

Agency No. DON-15-00055-01647

DISMISSAL OF REQUEST FOR RECONSIDERATION

The Agency filed a request for reconsideration from the Commission’s prior decision, EEOC
Appeal No. 0120152783 (February 9, 2016), reversing the Agency’s July 29, 2015 final decision
dismissing Complainant’s complaint due to untimely filing a formal complaint, pursuant to 29
C.F.R. § 1614.107(a)(2). The record indicates that Complainant filed his complaint alleging
discrimination based on race and in reprisal for prior EEO activity when on March 30, 2015, he
was placed on administrative leave; and on April 3, 2015, he was constructively discharged.
EEOC Regulation 29 C.F.R. § 1614.405 provides that requests for reconsideration to the
Commission must be filed within 30 calendar days after an agency receives the prior appeal
decision.

In the instant request, dated March 14, 2016, the Agency indicates that it did not receive the
Commission’s prior decision until February 23, 2016. Our records indicate that the Agency
created a letter, dated March 15, 2016, purportedly including the instant request for
reconsideration. However, our records are devoid of any evidence the instant request and/or
letter was actually submitted to our office on March 14 and/or 15, 2016. We note that the
Commission’s prior decision clearly informed the Agency of the 30-day time limit to file a
request for reconsideration. Our records indicate that the Agency submitted the instant request to

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.
0520170241

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our office at the earliest on January 12, 2017, which was almost 11 months after its receipt of the
Commission’s prior decision. In the request, the Agency does not submit any adequate
justification for extending the filing period beyond 30 days. Accordingly, the Agency’s request
for reconsideration of the Commission’s prior decision is DISMISSED as untimely pursuant to
§1614.405.

The decision in EEOC Appeal No. 0120152783 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 herein.

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.

0520170241

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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 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

May 25, 2017
Date