0520120484
11-23-2012
Karen N. Roberts, Complainant, v. Martha N. Johnson, Administrator, General Services Administration, Agency.
Karen N. Roberts,
Complainant,
v.
Martha N. Johnson,
Administrator,
General Services Administration,
Agency.
Request No. 0520120484
Appeal No. 0120121126
Agency No. 08COCIOKNR01
DENIAL
Complainant timely requested reconsideration of the decision in Karen N. Roberts v. General Services Administration, EEOC Appeal No. 0120121126 (May 16, 2012). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).
In the underlying complaint, Complainant alleged she was discriminated against on the basis of her race, color, sex, and age when she was not promoted. Complainant requested that the Agency issue a final decision. The Agency issued a decision finding no discrimination. Complainant appealed that decision to the Commission. In Roberts v. General Services Administration, EEOC Appeal No. 0120092497 (Nov. 17, 2010), the Commission vacated the Agency decision and remanded the case for further investigation. At the end of the supplemental investigation, Complainant did not respond to the Agency's notice of her right to request a hearing before an EEOC Administrative Judge (AJ) or request the Agency to issue a decision. As a result, the Agency issued a second final agency decision finding that Complainant was not discriminated against as alleged. Complainant appealed the Agency's decision to the Commission. In Roberts v. General Services Administration, EEOC Appeal No. 0120121126 (May 16, 2012), the Commission dismissed the appeal because Complainant failed to file her appeal with the Commission in a timely manner. Complainant requests that the Commission reconsider this decision.
In her request for reconsideration, Complainant states that she was involved in a car accident which affected her "ability to think clearly at the time as well as [her] undue stress impacted [her] ability to interpret between the 30 day and 90 day response time given to file [her] appeal."
To the extent that Complainant is offering a medical justification for not complying with the regulatory time periods, we note that the Commission has consistently held, in cases involving physical or mental health difficulties, that an extension is warranted only where an individual is so incapacitated by his condition that she is unable to meet the regulatory time limits. See Davis v. U.S. Postal Serv., EEOC Request No. 05980475 (August 6, 1998); Crear v. U.S. Postal Serv., EEOC Request No. 05920700 (October 29, 1992). We find that Complainant has not made a sufficient showing in this case for extending the time limitation period.
Accordingly, after reviewing the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120121126 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)
This decision of the Commission is final, and there is no further right of administrative appeal from the Commission's decision. 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.
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
__11/23/12________________
Date
2
0520120484
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120484