EEOC Appeal 2025001737

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Larissa E.,1
Complainant,
v.
Hung Cao,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 2025001737
Appeal No. 2024004297
Agency No. 24-44466-00378
DECISION ON REQUEST FOR RECONSIDERATION
The Agency timely requested that the Equal Employment Opportunity Commission
(EEOC or Commission) reconsider its decision in Larissa E. v. Dep’t of the Navy,
EEOC Appeal No. 2024004297 (Dec. 18, 2024).
During the relevant time, Complainant worked for the Agency as a Tool Parts
Worker in Kings Bay, Georgia. On May 1, 2024, Complainant filed a formal EEO
complaint alleging that the Agency subjected him to discrimination based on sex
(male), disability (physical), and in reprisal for prior protected EEO activity.
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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On June 12, 2024, the Agency dismissed the complaint. The Agency asserted that
Complainant received the Notice of Right to File a Formal Complaint (Notice) on
April 10, 2024. As a result, the Agency determined that Complainant’s May 1, 2024
complaint filing was beyond the time limitations established by EEOC regulations.
To support its assertion, the Agency argued that the Notice was sent to Complainant
via “DOD Safe” and submitted a copy of an unsigned document entitled, “Notice of
Final Interview/Right To File Discrimination Complaint DON 24-44466-0378”
Therein, the Agency advised Complainant that if he chose to file a complaint, it must
be in writing, signed, and filed within 15 days of his receipt of the Agency's notice.
In our previous decision, we found no confirmation that Complainant actually
received the Notice via the Agency's “DOD Safe,” system or via any other manner.
Accordingly, we reversed the Agency’s dismissal. 	The Agency filed the instant
request for reconsideration.
ANALYSIS
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(c).
In its request, the Agency asserts that Complainant in fact received the Notice of
Right to File on April 10, 2024, and attaches an automated email message sent by
the DoD SAFE service dated April 10, 2024, indicating the following in relevant
part:
The file, Formal Complaint Form rev 12 May 2020.pdf, was picked up
using 	the 	recipient 	code, 	CeqErc, 	sent 	to 	[Complainant] 	at
[Complainant’s email address] . . .
Full information about the drop-off:
Claim ID: MYqs27kPEmY85sy6
Drop-off Submitted: 2024-04-10 14:25:26 UTC
Drop-off Completed: 2024-04-10 14:25:32 UTC

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Note:
Good morning [Complainant],
Please find attached the Notice of Right to file Formal letter. Please
read, sign and return the letter back to me. Please understand that the
issuance of this letter does not affect your scheduled ADR meeting. I
am sending this letter now to ensure that we remain within the
timeframes of the EEO Complaint process. I have also attached the
Formal Complaint form as well.
If you have any questions or concerns, please do not hesitate to contact
me.
We note that, generally, no new evidence will be considered in a request for
reconsideration unless there is an affirmative showing that the evidence was not
previously available despite the exercise of due diligence. See Houser v. Dep't of
Homeland Sec., EEOC Request No. 0520110548 (Oct. 7, 2011); Equal Employment
Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Ch. 9,
§ VI.A.3 (Aug. 5, 2015). The Agency did not make such a showing. This automated
message was not a part of the complaint file, nor presented by the Agency on appeal.
In addition, while the automated message establishes that a Notice of Right to File
was referenced in the Agency’s April 10, 2024 email, there is no indication that an
attachment was actually included in the original message, let alone the contents of
the attachment.
The Commission emphasizes that a request for reconsideration is not a second appeal
to the Commission. Equal Employment Opportunity Management Directive for 29
C.F.R. Part 1614, Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric.,
EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request
is an opportunity to demonstrate that the appellate decision involved a clearly
erroneous interpretation of material fact or law, or will have a substantial impact on
the policies, practices, or operations of the Agency. 	The Agency has not done so
here.
CONCLUSION
After reviewing the previous decision and the entire record, the Commission finds
that the request fails to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the
decision of the Commission to DENY the request.

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The decision in EEOC Appeal No. 2024004297 remains the Commission's decision.
There is no further right of administrative appeal on the decision of the Commission
on this request.
ORDER (E0224)
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.
As 	provided 	in 	the statement 	entitled 	“Implementation 	of the Commission's
Decision,” the Agency must send to the Compliance Officer: 1) a copy of the
Agency's letter of acknowledgment to Complainant, 2) a copy of the Agency's notice
that transmits the investigative file and notice of rights, and 3) either a copy of the
complainant's request for a hearing, or a copy of the final agency decision (“FAD”)
if Complainant does not request a hearing.
IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719)
Under 29 C.F.R. § 1614.405(c) and §1614.502, compliance with the Commission’s
corrective action is mandatory. Within seven (7) calendar days of the completion of
each ordered corrective action, the Agency shall submit via the Federal Sector EEO
Portal (FedSEP) supporting documents in the digital format required by the
Commission, referencing the compliance docket number under which compliance
was being monitored. Once all compliance is complete, the Agency shall submit via
FedSEP a final compliance report in the digital format required by the Commission.
See 29 C.F.R. § 1614.403(g). 	The Agency’s final report must contain supporting
documentation when previously not uploaded, and the Agency must send a copy of
all submissions to the Complainant and his/her representative.
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).

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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.
Failure by an agency to either file a compliance report or implement any of the orders
set forth in this decision, without good cause shown, may result in the referral of this
matter to the Office of Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for
enforcement by that agency.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0124)
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 their 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.

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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:
T. Gimbrere 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 14, 2026
Date