0120081692
05-08-2008
Camille Francois, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.
Camille Francois,
Complainant,
v.
Dr. James B. Peake,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 0120081692
Agency No. 200H05232007102480
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated February 8, 2008, dismissing his 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.
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), due to the
untimely filing of the formal complaint.
At the time of the events at issue, complainant was employed by the
agency as a Histology Technician, GS-7. In his complaint, complainant
alleged that he was subjected to discrimination on the basis of race
(African-American) when:
1. On April 5, 2007, he was informed that he was not qualified for the
position of Contract Specialist, GS-1102-07 and not referred for the
position.
2. On April 5, 2007, he was informed that he was not qualified for the
position of Administrative Officer, GS-341-12 and not referred for the
position.
3. On October 16, 2007, he received a letter of non-selection dated
October 2, 2007, for the position of Histeopathy Technician, GS-0646-8.
Complainant contacted the EEO counselor on May 1, 2007, concerning claims
1 and 2. The notice of right to file a formal complaint was delivered
to complainant by Federal Express on July 30, 2007. Although the
notice indicated that complainant had to file a formal complaint within
fifteen (15) calendar days of its receipt, complainant did not file his
formal complaint until October 30, 2007, which is beyond the limitation
period. When complainant filed his formal complainant, he only raised
claim 3.
On appeal, complainant has not offered adequate justification to
warrant an extension of the time limit for filing the complaint. Rather
complainant states that his complaint involves only the Histeopathy
position, and denies filing a formal complaint concerning the Contract
Officer and Administrative Officer positions. To that extent, it appears
complainant is confused regarding the EEO process. The right to file
a formal complaint comes after the counseling period. Thus, the agency
properly sent complainant the right to file regarding those positions
in claims 1 and 2.
Accordingly, the agency's final decision dismissing complainant's
complaint is affirmed.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0408)
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 (S0408)
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 (Z0408)
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
May 8, 2008
__________________
Date
2
0120081692
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120081692