01A20285_r
04-25-2002
_________________, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.
_________________ v. Department of Labor
01A20285
April 25, 2002
.
_________________,
Complainant,
v.
Elaine Chao,
Secretary,
Department of Labor,
Agency.
Appeal No. 01A20285
Agency No. 01-05-081
DECISION
The Commission finds that the agency's September 13, 2001 decision
dismissing complainant's complaint was proper pursuant to 29 C.F.R. �
1614.107(a)(2), for untimely EEO Counselor contact. Complainant alleges
that she was discriminated against on the basis of sex when she was
sexually harassed since 1997 with the most recent incident occurring on
November 2, 2000. According to the EEO Counselor report, complainant
did not initiate EEO Counselor contact until January 3, 2001, which is
beyond the 45-day limitation period.
Complainant, on appeal, argues that she contacted an EEO Counselor in
December 2000. Complainant has not provided persuasive evidence showing
that she attempted to commence the EEO process prior to January 3, 2001.
Furthermore, complainant does not indicate on what day she made EEO
Counselor contact in December 2000. Since the latest event occurred in
November 2, 2000, her purported contact in December of 2000 may have still
been beyond the 45-day limitation period, depending on the exact date.
Complainant neither shows that her contact was timely nor specifically
argues that her December 2000 contact was within the 45-day limitation
period. Complainant merely argues that she met with an EEO Counselor
on three occasions prior to the January 3, 2001 contact, with the first
being in December 2000.
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
April 25, 2002
__________________
Date