EEOC Appeal 2020001843

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Maynard G.,1
Complainant,
v.
Eugene Scalia,
Secretary,
Department of Labor
(Occupational Safety & Health Administration),
Agency.
Appeal No. 2020001843
Agency Nos. IM20-05-096 and 98-05-115
DECISION
On January 15, 2020, Complainant filed an appeal with the Equal Employment Opportunity
Commission (EEOC or Commission).
As part of his appeal, Complainant submitted documents related to a class complaint filed against
the Agency alleging age discrimination with respect to certain promotional opportunities, that was
dismissed by an EEOC Administrative Judge on August 9, 2019. See EEOC Hearing No. 531-
2018-00316X, Agency No. 98-05-115. It is clear from these documents that Complainant was not
the class agent for this complaint. While not clear from the record, it appears Complainant may
have been a member of the proposed class. The Agency adopted the AJ’s dismissal of the class
complaint and sent notice to all the identified class members that they could now pursue their
individual complaints of alleged age discrimination by contacting an Agency EEO counselor
within 45 days.
Following the dismissal of the class action, Complainant sought EEO counseling from the Agency
in order to pursue an individual complaint of age discrimination. This matter appears to have been
docketed by the Agency as CRC No. IM20-05-096. 	However, by email to the Agency dated
January 29, 2020, Complainant withdrew his individual complaint after learning the two selectees
for the positions he had applied for were 45 years old or older.
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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Therefore, the subject of Complainant’s January 15, 2020 appeal to this Commission cannot be
determined. Complainant does not have the right to appeal the dismissal of the class complaint
under EEOC regulations because he was not the class agent. See 29 C.F.R. § 1614.401(c). With
regard to the subsequent processing of his individual complaint, it appears Complainant has
withdrawn that complaint. On February 19, 2020, this office sent Complainant an email asking
him to clarify his appeal and explain what it was that he was appealing. No response has been
received from Complainant.
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.

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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. 	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
September 9, 2020
Date