05A10356
05-09-2001
Phyllis A. Dudley, Complainant, v. Gregory R. Dahlberg, Acting Secretary, Department of the Army, Agency.
Phyllis A. Dudley v. Department of the Army
05A10356
05-09-01
.
Phyllis A. Dudley,
Complainant,
v.
Gregory R. Dahlberg,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05A10356
Appeal No. 01A01638
Agency No. BPARF09908J0110
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in
Phyllis A. Dudley v. Department of the Army, EEOC Appeal No. 01A01638
(November 15, 2000). By regulation, requests for reconsideration must
be filed within thirty (30) calendar days after the party requesting
reconsideration receives our previous decision. 29 C.F.R. � 1614.405(b).
Requests for reconsideration are deemed filed on the date received by
the Commission, unless postmarked earlier.
The record reflects that our previous decision was mailed to complainant's
attorney on November 15, 2000. EEOC Regulations provide that when a
complainant designates an attorney as representative, service of all
official correspondence shall be made on the attorney and the complainant,
but time frames for receipt of materials shall be computed from the time
of receipt by the attorney. 29 C.F.R. � 1614.605(d). Allowing for
a five (5) day presumption of receipt, complainant's attorney should
have received the previous decision on November 20, 2000; consequently,
complainant's request for reconsideration (RTR) should have been filed
no later than December 20, 2000. Complainant's RTR, however, was not
filed until January 9, 2001.
A review of the previous decision indicates that complainant and her
attorney were clearly informed that the failure to file a reconsideration
request within the allotted time period could result in its dismissal.
In her RTR, complainant argued that the time limitation period should
be extended or waived because, although the decision indicated that a
copy was being mailed to her, she only received a copy from her attorney
two weeks before her RTR was filed.<1> Complainant also maintained that
her attorney erroneously informed her that her only remedy was to file
a civil action within 90 days.
We find that complainant has not submitted an adequate justification
for extending or waiving the 30-day time limitation period. Although
complainant, as provided for in our regulations, should have received
a copy of the previous decision from the Commission, her attorney's
receipt of the decision is the event by which we determine whether
her RTR was filed in a timely manner. We are also not persuaded by
complainant's contention that her attorney told her that her only option
was to file a civil action. The previous decision clearly indicated that
complainant also had the right to file an RTR. Finding no justification
for extending the time limitation period, we find that complainant's RTR
is untimely and it is DENIED. The decision in EEOC Appeal No. 01A01638
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission regarding this
request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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 (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
___05-09-01___________________________
Date
1Notwithstanding complainant's assertions otherwise, a review of
her attorney's letter, which forwarded the previous decision to her,
indicates that it was dated November 28, 2000.