Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

May 20, 2015

01-2015-1408-0500 (E.E.O.C. May. 20, 2015)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

,
Complainant,

v.

Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.

Appeal No. 0120151408

Agency No. 2003-0735-2013101973

DISMISSAL OF APPEAL
Complainant filed an appeal with this Commission from the December 15, 2014 final agency
decision concerning her EEO complaint of unlawful employment discrimination in violation of
Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C.
§791 et seq. For the following reasons, the Commission DISMISSES Complainant’s appeal.

On June 18, 2013, Complainant filed an EEO complaint alleging that she was subjected to
discrimination based on disability and in reprisal for protected EEO activity when:

1. Management failed to provide Complainant with a reasonable accommodation for
her disability from February 22, 2012, through February 22, 2013.
2. Complainant was terminated from her position of Medical Reimbursement
Technician on February 22, 2013, during her probationary period.
3. Complainant was subjected to a hostile work environment as evidenced by three
incidents occurring February 22, 2012, through February 22, 2013.

On December 15, 2014, the Agency issued a final decision finding Complainant failed to prove
she was subjected to discrimination or harassment as alleged. At the time the final decision
was issued Complainant was represented by an attorney.

On appeal, Complainant acknowledges that her appeal postmarked March 9, 2015, was
untimely filed. However, Complainant states she has faced several barriers that prevented her
from filing within the appropriate time frame. Complainant states she did not receive the final
decision until January 21, 2015. Complainant states she has not been able to contact her
attorney since his return from vacation. Complainant states she lacks the knowledge to
respond without performing research. Complainant also claims that on February 19, 2015, she
0120151408

2
forwarded an electronic mail message to the Commission at an electronic mail address for
extensions which she claims was incorrectly listed on the Commission’s website. Complainant
also states that on March 4, 2015, she went to the EEOC’s Kansas City Area Office and spoke
with the Deputy Director who suggested Complainant file her appeal if that is what she wanted
to do.

A review of the final decision reveals that the Agency properly advised Complainant that she
had 30 calendar days after receipt of its final decision to file her appeal with the Commission.
In a February 25, 2015 request for an extension, Complainant acknowledges that her attorney
received a copy of the final decision by the latest on January 8, 2015. EEOC Regulation 29
C.F.R. § 1614.605(d) provides that when a complainant designates an attorney as a
representative, time frames for receipt of materials shall be computed from the time of receipt
by the designated attorney. There is no evidence to support Complainant’s assertion that the
Commission had an incorrect electronic mail address on its website. However, even if the
Commission considers Complainant’s February 19, 2015 attempted electronic mail message to
constitute an appeal, we note that this would still be untimely filed. Upon review, we find
Complainant has not offered adequate justification for an extension of the applicable time limit
for filing her appeal. Accordingly, Complainant's appeal is DISMISSED pursuant to 29
C.F.R. §1614.403(c).

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION

(M0610)
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), at 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 77960, Washington, DC 20013. 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.
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3
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

(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

(Z0610)
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 from the Court that the Court appoint an attorney to represent you
and that the Court also 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
with the Court 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

Date
May 20, 2015