EEOC Appeal 2020001442

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Melissia M.,1
Complainant,
v.
Robert Wilkie,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2020001442
Agency No. 200P-0691-2018100968
DECISION
The Equal Employment Opportunity (EEOC or Commission) accepts Complainant’s appeal,
pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s October 28, 2019 final decision
concerning 	an 	equal 	employment 	opportunity 	(EEO) 	complaint 	claiming 	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.
BACKGROUND
During the period at issue, Complainant worked as a Risk Manager at the Agency’s Quality
Management Service, VA Medical Center in Los Angeles, California.
On January 11, 2018, Complainant filed the instant formal complaint. Complainant claimed that
management subjected her to harassment/a hostile work environment based on national origin,
age, and in reprisal for prior EEO activity
After the investigation, Complainant was provided with a copy of the report of investigation and
notice of the right to request a hearing before an EEOC Administrative Judge (AJ) or a final
decision within thirty days of receipt of the correspondence. According to the Agency, however,
Complainant did not respond to the notice.
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.

2020001442	2
On October 28, 2019, after determining that Complainant had not requested a hearing, the Agency
issued its final decision, finding no discrimination was established. 	The Agency found that
Complainant did not prove, by a preponderance of the evidence, that she was discriminated against
on the bases of national origin, age and/or retaliatory animus.
The instant appeal followed. On appeal, Complainant argues that the Agency erred in issuing the
October 28, 2019 final decision on the merits of her claims. Complainant asserts that she had, in
fact, requested a hearing before an EEOC Administrative Judge within thirty days of receipt of the
investigative report. Complainant provides a copy of the hearing request dated October 13, 2018.
ANALYSIS AND FINDINGS
Given the specific circumstances of this case, we find that Complainant has produced sufficient
evidence that she submitted a request for a hearing to the Hearings Unit of the EEOC’s Los
Angeles District Office. Commission record indicate that a hearing request from Complainant in
this case has been docketed by the EEOC Hearings Unit in Los Angeles as EEOC Hearing No.
480-2020-00395X. 	On appeal, Complainant argued that the Agency erred by issuing a final
decision because she submitted the notice of her right to a hearing to the Agency in person. We
also noted that the Agency was unable to supply a copy of certified mail return receipt or any other
evidence establishing the date Complainant received the notice of her right to request a hearing.
The Agency’s October 28, 2019 final decision is VACATED. This matter is REMANDED to the
Agency, for submission to the appropriate Hearing Unit as detailed in the ORDER below.
ORDER
The Agency is directed to submit a copy of the complaint file to the Hearing Unit of the Los
Angeles District Office within fifteen (15) calendar days of the date this decision is issued. The
Agency shall provide written notification to the Compliance Officer at the address set forth below
that the complaint filed has been transmitted to the Hearings Unit of the Los Angeles District
Office. Thereafter, the Administrative Judge shall issue a decision on the complaint in accordance
with 29 C.F.R. § 1614.109, and the Agency shall issue a final decision in accordance with 29
C.F.R. § 1614.110.
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.

2020001442	3
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). 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.
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.

2020001442	4
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 (R0610)
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 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. 	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 14, 2020
Date