0120141954
08-21-2014
Complainant, v. Chuck Hagel, Secretary, Department of Defense (Army & Air Force Exchange Service), Agency.
Complainant,
v.
Chuck Hagel,
Secretary,
Department of Defense
(Army & Air Force Exchange Service),
Agency.
Appeal No. 0120141954
Agency No. None
DISMISSAL OF APPEAL
By Notice of Appeal dated March 20, 2014, Complainant filed an appeal with this Commission. Complainant alleged that the appeal concerned a 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. and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
In the documents filed, it appears that Complainant had initially raised her claim of discrimination with the Agency in February 2011. The record showed that she was provided with a Notice of Right to File in June 2011. Complainant failed to file a formal complaint with the Agency.
Effective July 7, 2012, Complainant was terminated from her employment. On November 24, 2012, Complainant filed a charge of discrimination with the Maryland Commission on Civil Rights. The matter was referred to the EEOC's Baltimore Field Office. The Agency was informed of the charge of discrimination and filed a Motion to Dismiss with the EEOC on January 29, 2013. By letter dated September 12, 2013, the EEOC's Baltimore Field Office dismissed the matter for lack of jurisdiction and referred Complainant to the federal sector EEO complaint process.
Complainant submitted a request for a review or hearing to the EEOC's Baltimore Field Office in October 2013. Complainant then contacted the EEOC's Washington Field Office regarding the status of her charge. By letter dated January 29, 2014, the EEOC's Washington Field Office informed Complainant that there was no matter before them. Complainant filed her appeal on March 20, 2014. On appeal, she requested that the EEOC review her claims of discrimination and that the matter be raised before an EEOC Administrative Judge. In response to the appeal, the Agency asked that the Commission dismiss the matter for there was no formal complaint filed by Complainant and no final decision issued by the Agency.
Upon review of the record, we find that the matter is not properly before the Commission. There is no indication that Complainant has filed a formal EEO complaint with the Agency despite Complainant being informed by the EEOC that she needed to raise her claims of discrimination within the Agency's EEO complaint process. Further, the Agency has not issued any final decision from which Complainant could appeal.
CONCLUSION
Accordingly, Complainant's March 20, 2014 appeal is hereby dismissed.
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
August 21, 2014
__________________
Date
2
0120141954
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120141954