0120062786
10-23-2007
Barbara Correll, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Barbara Correll,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01200627861
Agency No. 200406592004103
DISMISSAL OF APPEAL
By Notice of Appeal postmarked April 3, 2006, complainant filed an appeal
with this Commission from the August 12, 2005 final agency decision (FAD)
dismissing her EEO 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. In her complaint, complainant alleged
that she was subjected to unlawful harassment on the bases of her race
and in reprisal for prior protected EEO activity when: (1) on July 14,
2004, her supervisor (S1) informed her on short notice that she was
selected for a training course only after a White technician withdrew;
(2) on July 15, 2004, S1 demeaned and intimidated her after calling her
into his office and accusing her of not taking lunch on time; and (3)
throughout July 2004, S1 allowed a White technician with less seniority
than complainant the opportunity for training, computer access, and to
assist in the clinic with other doctors. Following a hearing, an EEOC
Administrative Judge (AJ) issued a decision finding no discrimination,
and the agency's final order adopted the AJ's decision.
A copy of the certified mail return receipt card reveals that the FAD was
received at complainant's address of record on August 23, 2005. A review
of the FAD reveals that the agency properly advised complainant that she
had thirty (30) calendar days after receipt of its final decision to file
her appeal with the Commission. Therefore, in order to be considered
timely, complainant had to file her appeal no later than September 22,
2005. Complainant has offered no justification for an extension of the
applicable time limit for filing her appeal. Accordingly, complainant's
April 3, 2006 appeal is hereby dismissed. See 29 C.F.R. � 1614.403(c).
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
October 23, 2007
__________________
Date
1 Due to a new data system, this appeal has been redocketed with the
above referenced appeal number.
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0120062786
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120062786