EEOC Appeal 2020001084

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Al W.,1
Complainant,
v.
Dr. Benjamin S. Carson, Sr., M.D.,
Secretary,
Department of Housing and Urban Development,
Agency.
Appeal No. 2020001084
Agency No. HUD-00118-2012
DECISION
On October 30, 2019, Complainant filed an appeal with the Equal Employment Opportunity
Commission (EEOC or Commission) from final Agency decisions (FADs) dated September 12,
2014 and October 17, 2019. The first dismissed his equal employment opportunity (EEO)
complaint (Complaint 1) of unlawful employment discrimination in violation of Title VII of the
Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. and the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq., and
the second dismissed his complaint (Complaint 2) that the Agency improperly processed
Complaint 1.
At the time of events giving rise to Complaint 1, Complainant was employed by the Agency as a
Financial Analyst, GS-12 at the Office of Public and Indian Housing in Washington, DC.
On July 18, 2014, Complainant filed Complaint 1 alleging that the Agency subjected him to
discrimination and a hostile work environment based on his race/national origin (Filipino), color
(Brown), and age (33) regarding assignments, training, meetings, and day-to-day interaction with
coworkers and management; and rather than be terminated, he resigned effective September 21,
2012.
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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The Agency dismissed Complaint 1 because it was not timely filed. It reasoned that Complainant
received the Notice of Right to File Complaint 1 on December 13, 2012, but did not do so until
July 18, 2014, beyond the 15-day time limit.
The Agency mailed the FAD to Complainant’s physical address. According to United States Postal
Service (USPS) computerized tracking information, it was delivered on September 20, 2014, and
signed for with a name that had the same first initial and surname as Complainant.
On or about September 9, 2019, Complainant initiated contact with the EEO office alleging that
Complaint 1 was not properly processed. He contended that the scan of the signature
accompanying a USPS letter supporting that the Notice of Right to File Complaint 1 was delivered
on December 13, 2012, was forged, as was the signature indicating he received the FAD on July
18, 2014. He contended that he was out of the country and requested that the Agency communicate
with him by email, but it did not do so. He raised other concerns about how the Agency processed
Complaint 1.
On September 29, 2019, Complainant emailed the Agency’s EEO office using the subject of “EEO
Process Denial” and wrote this was a “formal complaint”. Complainant alleged that there were
fraudulent actions, forgeries and misrepresentation of facts. The Agency treated this email as EEO
Complaint 2, and dismissed it on October 17, 2019 for alleging dissatisfaction with a processing
of Complaint 1. The instant appeal followed.
On appeal, Complainant reiterates his contentions. Also, as he previously wrote, Complainant
indicates he received the September 2014 FAD on January 14, 2015.
In opposition to the appeal the Agency argues that the FAD on Complaint 1 was correctly decided,
that Complainant’s appeal thereof is untimely, and the FAD on Complaint 2 was correctly decided.
EEOC Regulation 29 C.F.R. § 1614.403(c) states that an appeal not filed within the regulatory
time limit shall be dismissed by the Commission as untimely filed – the time limit was 30 days
after receipt of the FAD. 29 C.F.R. § 1614.402. Complainant concedes he received the FAD on
Complaint 1 by January 14, 2015. He filed his appeal on October 30, 2019, beyond the 30 day
time limit. A review of this FAD reveals that the Agency properly advised Complainant that he
had 30 days from receipt thereof to file his appeal with the Commission, and gave the address for
doing so. Accordingly, Complainant’s appeal of the FAD on Complaint 1 is untimely and is
DISMISSED.
EEOC Regulation 29 C.F.R. § 1614.107(a)(8) requires an Agency to dismiss an entire complaint
that alleges dissatisfaction with the processing of a previously filed complaint. Complaint 2 falls
within the scope of this regulation. Accordingly, the FAD on Complaint 2 is AFFIRMED.

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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).
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.

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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 8, 2020
Date