01A11572
04-16-2001
Marian E. Douglas v. Department of the State
01A11572
April 16, 2001
.
Marian E. Douglas,
Complainant,
v.
Colin L. Powell,
Secretary,
Department of State,
Agency.
Appeal No. 01A11572
Agency No. 00-69
DECISION
Complainant filed an appeal with this Commission from an agency decision
pertaining to her complaint of unlawful 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. The Commission accepts the appeal
in accordance with 29 C.F.R. � 1614.405.
Complainant contacted the EEO office regarding claims of discrimination
based on race and sex. Informal efforts to resolve complainant's concerns
were unsuccessful. Subsequently, on August 4, 2000, complainant filed
a formal complaint.
On November 2, 2000, the agency issued a decision dismissing the
complaint on the grounds that it was untimely filed. Specifically,
the agency determined that complainant received the �Notice of Final
Interview and Right to File� (hereinafter �Notice�) on July 10, 2000,
but she did not file her complaint until twenty-five days later.
Complainant presents no contentions on appeal. The agency requests that
the Commission affirm its decision.
The regulation set forth at 29 C.F.R. � 1614.107(a)(2) states, in
pertinent part, that an agency shall dismiss a complaint which fails to
comply with the applicable time limits contained in 29 C.F.R. � 1614.106,
which, in turn, requires the filing of a formal complaint within fifteen
(15) days of receiving notice of the right to do so.
A review of the record reveals that complainant acknowledged receipt of
the Notice on July 10, 2000. The Notice informed complainant that she
had fifteen days from the date of receipt of the Notice in which to file
a formal complaint. However, complainant signed and dated the complaint
form July 26, 2000, one day past the fifteen day time limitation.
Moreover, the �Shipment Airway Bill� for the express mailing of the
formal complaint shows it was sent on August 4, 2000. This is also the
same date complainant included on a cover letter, which accompanied the
formal complaint form and stated �I hope you will not dismiss my complaint
because these materials are late.� Therefore, we find that the complaint
was filed on August 4, 2000, well beyond the fifteen day time limitation.
While complainant provides no explanation on appeal for her untimeliness,
in her August 4, 2000 letter she indicates that she was unaware of her
ability to utilize the EEO process. We find her arguments are unrelated
to the issue of her untimely filing of the formal complaint. As noted
above, the Notice clearly stated that a complaint needed to be filed
within fifteen calendar days.
Accordingly, the agency's decision to dismiss the complaint as untimely
filed was proper and is hereby AFFIRMED.
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
April 16, 2001
__________________
Date