01A12189_rev
05-22-2001
_____________________, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
__________________ v. Justice
01A12189
May 22, 2001
_____________________,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01A12189
Agency No. F-00-5465
DECISION
Based on a review of the record, we find that the agency properly
dismissed complainant's complaint, pursuant to EEOC Regulation 29
C.F.R. � 1614.107(a)(8). We AFFIRM the final agency decision (FAD)
dismissing complainant's complaint for the reason set forth herein.
In its final agency decision of January 17, 2001, the agency framed the
issues of the complaint as follows:
Complainant alleged that she was subjected to discrimination on the
bases of sex and in reprisal for prior protected activity when:
[Complainant's] sixth complaint of discrimination,. F-00-5442, filed
February 9, 2000, was not consolidated with [her] five previously
consolidated complaints, and was assigned to a different Equal
Employment Specialist for processing;
[Complainant] was not contacted by a management official of the FBI
regarding the possible settlement of [her] previously filed complaints
prior to [her] election of a hearing or a final agency decision in
those complaints; and
[T]he Report of Investigation (ROI) issued in [her] first five
consolidated complaints was incomplete, inauthentic and deceptive.
The Commission determines that the instant complaint addresses numerous
issues relating to prior complaints including, among other matters,
the manner of investigation, the EEO counseling process, and the
conduct of the EEO investigator. In essence, complainant has alleged
dissatisfaction for a variety of reasons regarding the processing of
prior complaints. Accordingly, the agency decision dismissing the
instant complaint pursuant to 29 C.F.R. � 1614.107(a)(8) was proper and
is AFFIRMED.
Because we affirm the agency's decision to dismiss the complaint for the
reason stated herein, we find it unnecessary to address its argument on
appeal that the matters raised in the complaint fail to state a claim.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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 or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. 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 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 (S0900)
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 (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
May 22, 2001
__________________
Date