[Redacted], Serita B, 1 Complainant,v.Ryan D. McCarthy, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Dec 21, 2020

Appeal No. 0120181941 (E.E.O.C. Dec. 21, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Serita B,1 Complainant, v. Ryan D. McCarthy, Secretary, Department of the Army, Agency. Request No. 2020005189 Appeal No. 0120181941 Hearing No. 480-2018-00052X Agency No. ARHMPHRYS16OCT05022 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020005189 (May 5, 2020). 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(b). By regulation, requests must be filed within thirty (30) calendar days after the party receives the previous appellate 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). 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. 2020005189 2 The Commission’s previous decision included a Certificate of Mailing stating the decision was sent to Complainant via EEOC’s public portal on May 5, 2020. The Certificate of Mailing also includes a statement that, for purposes of timeliness, the Commission will presume that the decision was received within five (5) calendar days of the date on which it was sent. As such, absent evidence to the contrary, Complainant is presumed to have received the decision no later than Monday, May 11, 2020. Thirty days from that date is June 10, 2020. Complainant submitted the instant request for reconsideration on September 15, 2020, which was well beyond the 30-day limit set by regulation. Complainant provides no explanation for her delay. With her request, Complainant submitted a dismissal notice from an EEOC Administrative Judge, dated September 9, 2020. The dismissal contained the same Agency number as the instant complaint, and indicates it was filed through the public portal on May 5, 2020. It appears that rather than file a timely request for reconsideration as instructed in our prior appellate decision, Complainant instead sought a hearing on the matter. Filing a hearing request rather than a request for reconsideration as instructed does not excuse the untimely filing of the request. For the foregoing reasons, Complainant's request is denied. The decision in EEOC Appeal No. 0120181941 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. 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. 2020005189 3 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 December 21, 2020 Date