EEOC Appeal 2020000111

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Cristobal F,1
Complainant,
v.
Chad Wolf,
Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.
Appeal No. 2020000111
Agency No. HS-TSA-01960-2017
DISMISSAL OF APPEAL
Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or
Commission) from the November 29, 2018, final Agency decision (FAD) concerning his EEO
complaint of unlawful employment discrimination in violation of the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq.
On December 7, 2018, the Agency’s FAD was delivered to Complainant’s counsel, via mail, and
a copy was delivered to Complainant via email on December 4, 2018. A review of the FAD
reveals that the Agency properly advised Complainant that he had 30 calendar days after receipt
of its final decision to file his appeal with the Office of Federal Operations (OFO). 	EEOC
Regulation 29 C.F.R. § 1614.605(d) provides that when a complainant designates an attorney as
a representative, time frames for receipt of materials shall be computed from the time of receipt
by the designated attorney.
The Philadelphia EEOC’s District Office received a letter from Complainant’s counsel via mail
which was postmarked July 24, 2019. The letter was also sent to the Agency. In the letter,
Complainant’s Counsel asserted that they had properly requested a hearing before an EEOC
Administrative Judge, and therefore requested that the Agency rescind the FAD. The District
Office forwarded the July 24, 2019, letter, which the OFO received on August 28, 2019.
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.

2020000111	2
Even if for the sake of argument the Commission considers Complainant's July 24, 2019, letter to
constitute an appeal and even if for the sake of argument we considered the appeal filed on July
24, 2019, we note that this would still be untimely filed. 	Also, the Commission has previously
held that when provided with the proper appeal rights and information, filing at the wrong
address does not constitute a proper filing. See Complainant v. U.S. Postal Serv., EEOC Request
No. 05930700 (Sep. 10, 1993) (appeal untimely when sent to wrong address despite receipt of
proper instructions). We find Complainant has not offered any justification for an extension of
the applicable time limit for filing his appeal.
Accordingly, Complainant's appeal is DISMISSED. See 29 C.F.R. § 1614.403(c).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party
shall have twenty (20) 	calendar days of 	receipt of 	another 	party’s timely request 	for
reconsideration in which to submit a brief or statement in opposition. 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.
Complainant’s request 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 C.F.R. § 1614.604. The
agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO Portal
(FedSEP). See 29 C.F.R. § 1614.403(g). 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).

2020000111	3
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
June 30, 2020
Date