0520130074
03-27-2013
Barbara A. Cirillo, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Barbara A. Cirillo,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520130074
Appeal No. 0120091868
Agency No. 200H04052008101501
DENIAL
Complainant requested reconsideration of the decision in Barbara A. Cirillo v. Department of Veterans Affairs, EEOC Appeal No. 0120091868 (June 29, 2010). EEOC Regulations provide that "[a] party may request reconsideration within 30 days of receipt of a decision of the Commission." 29 C.F.R. � 1614.405(b).
The Commission issued and mailed the previous decision on June 29, 2010. The certificate of mailing accompanying the previous decision stated that the Commission will presume that the decision was received within five calendar days after it was mailed. Because the 5th day, July 4 was a Sunday and July 5, was a federal holiday, July 6, 2010, is presumed to be the date that Complainant received the previous decision. Thirty days following this date was August 5, 2010.
A document shall be deemed timely if it is received or postmarked before the expiration of the applicable filing period. 29 C.F.R. � 1614.604(b). Complainant's request for reconsideration was received on September 26, 2012, which is more than two (2) years beyond the 30-day limitation period. Complainant provided no justification for the late filing.
Based on the foregoing reasons, Complainant's request is DENIED. The decision in EEOC Appeal No. 0120091868 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
___3/27/13_______________
Date
2
0520130074
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520130074