0120093617
07-29-2011
Cheryl A. Anderson, Complainant, v. Leon Panetta, Secretary, Department of Defense (Defense Intelligence Agency), Agency.
Cheryl A. Anderson,
Complainant,
v.
Leon Panetta,
Secretary,
Department of Defense
(Defense Intelligence Agency),
Agency.
Appeal No. 0120093617
Agency No. DIA-00002-2007
DISMISSAL OF APPEAL
By Notice of Appeal faxed on August 29, 2009, Complainant filed an appeal
with this Commission from the July 24, 2009 final Agency decision (FAD)
concerning 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.
A copy of the certified mail return receipt card reveals that the FAD
was received at Complainant’s address of record on July 28, 2009.
In addition, Complainant indicated on her Notice of Appeal (EEOC Form 573)
that she received the FAD on July 28, 2009. 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 August 27, 2009.
EEOC Regulation 29 C.F.R. § 1614.605(e) provides that the complainant
shall at all times be responsible for proceeding with the complaint
whether or not she has designated a representative.1 Complainant has
not offered any justification for an extension of the applicable time
limit for filing her appeal. Accordingly, Complainant's August 29,
2009 appeal is hereby dismissed. See 29 C.F.R. § 1614.403(c).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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
77960, Washington, DC 20013. 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 (S0610)
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 (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
___7/29/11_______________
Date
1 The certificate of service reflects that the Agency mailed the FAD to
Complainant and her attorney on July 24, 2009. On appeal, the Agency
stated that the copy sent to Complainant’s attorney was returned
unopened, telephone calls and e-mails to Complainant’s attorney
to ensure delivery of the FAD received no reply, and the website of
Complainant’s attorney was no longer in operation. We note that
Complainant’s Notice of Appeal did not indicate any representation
and Complainant did not contend that she was still represented by an
attorney at the time the FAD was mailed.
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0120093617
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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