01A14695_r
10-30-2001
Carol A. Garner, Complainant, v. Donald L. Evans, Secretary, Department of Commerce, Agency.
Carol A. Garner v. Department of Commerce
01A14695
October 30, 2001
.
Carol A. Garner,
Complainant,
v.
Donald L. Evans,
Secretary,
Department of Commerce,
Agency.
Appeal No. 01A14695
Agency No. 01-63-00026
DECISION
Upon review, the Commission finds that the agency's June 14, 2001 decision
dismissing complainant's complaint was proper pursuant to 29 C.F.R. �
1614.107(a)(2). Complainant alleges that she was discriminated against on
the bases of race, sex, age, and reprisal when: (1) on October 2, she was
denied continued training for Contracting Officer Technical Representative
(COTR) certification; (2) on or about September 21, 2000, Complainant's
first line supervisor told her that he was aware that she was being
mistreated because of the sexual harassment case she testified in; (3)
she was harassed and retaliated against when her first line supervisor
made statements to her regarding an EEOC's Administrative Judge's (AJ)
decision to grant discovery in her case and was made to pull and copy
her own time and attendance records for a two year period; and (4) as
a result of the AJ's decision, she was denied advanced leave and leave
without pay on October 4, 2000, and harassed by her first line supervisor
when he phoned her at home to demand medical documentation not previously
requested in any similar circumstance when requesting sick leave.
The agency dismissed complainant's complaint finding that it was untimely
filed. According to the agency on appeal, complainant received the
notice on December 13, 2000. Complainant did not file a formal complaint
until January 9, 2001, which is beyond the 15 day limitation period.
On appeal, complainant admits that she filed her complaint beyond the 15
day limitation period due to a family crisis and stress. The Commission
finds that complainant has not provided adequate excuse or evidence of
why she could not timely file her complaint.
The agency's decision dismissing complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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
October 30, 2001
__________________
Date