EEOC Appeal 2020001190

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Deon C.,1
Complainant,
v.
James E. McPherson,
Acting Secretary,
Department of the Navy,
Agency.
Appeal No. 2020001190
Agency No. DON13-62473-02081
DISMISSAL OF APPEAL
Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or
Commission).
At the time of events giving rise to this complaint, Complainant worked as a Construction Manager
at the Agency’s facility in San Diego, California.
On his appeal form Complainant checked that he was alleging a breach of settlement agreement
with the Agency and attached a settlement agreement signed on August 13, 2013. Complainant
did not state how he felt the agreement was breached. In response to the appeal, the Agency sent
the full agreement and documents indicating it had complied with the agreement. There was no
indication that Complainant had first raised his breach claim with the Agency or that, as a result,
it had issued a final determination decision.
However, Complainant also submitted with his appeal, documents that included an email dated
July 15, 2019, with the subject “Counseling discussion” sent to his supervisor regarding alleged
inappropriate comments made to him by the supervisor; a document dated July 22, 2019, wherein
he elected Alternate Dispute Resolution; and an email dated July 22, 2019, with the subject “EEO
Rights and Responsibilities” apparently from an EEO counselor that states “I wanted to explain
rights and responsibilities in case you were contemplating filing an EEO complaint regarding the
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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email you sent [supervisor] on July 15, 2019…”
Thus, based on the items sent by Complainant, we cannot determine what he is appealing. If he is
alleging a breach of the settlement agreement, he must raise such a claim with the Agency first. If
he is raising a matter related to a pending EEO complaint – for which he provides no complaint
number – he must wait until the Agency issues a final decision on the matter before appealing.
Accordingly, Complainant’s appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0620)
The Commission may, in its discretion, reconsider this appellate decision if the complainant or the
agency submits a written request that contains arguments or evidence that 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 for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO)
within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration
elects to file a statement or brief in support of the request, that statement or brief must be filed
together with the request for reconsideration. A party shall have twenty (20) calendar days
from receipt of another party’s request for reconsideration within 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).
Complainant should submit his or her request for reconsideration, and any statement or brief in
support 	of 	his 	or 	her 	request, 	via 	the 	EEOC 	Public 	Portal, 	which 	can 	be 	found 	at
https://publicportal.eeoc.gov/Portal/Login.aspx.
Alternatively, complainant can submit his or her request and arguments to the Director, Office of
Federal Operations, Equal Employment Opportunity Commission, via regular mail addressed to
P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE,
Washington, DC 20507. In the absence of a legible postmark, complainant’s request to reconsider
shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the
applicable filing period. See 29 C.F.R. § 1614.604.
An agency’s request for reconsideration must be submitted in digital format via the EEOC’s
Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or
statement or brief in opposition must also include proof of service on the other party, unless
complainant files his or her request via the EEOC Public Portal, in which case no proof of service
is required.
Failure to file within the 30-day time period will result in dismissal of the party’s request for
reconsideration as untimely, unless extenuating circumstances prevented the timely filing of
the request.

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Any 	supporting 	documentation 	must 	be 	submitted 	together 	with 	the 	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.
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
November 5, 2020
Date