01a03406
07-06-2000
Darrel L. Schneider, Complainant, v. Craven H. Crowell, Jr. Chairman, Tennessee Valley Authority, Agency.
Darrel L. Schneider v. Tennessee Valley Authority
01A03406
July 6, 2000
Darrel L. Schneider, )
Complainant, )
)
v. ) Appeal No. 01A03406
) Agency No. 40398078
Craven H. Crowell, Jr. )
Chairman, )
Tennessee Valley Authority, )
Agency. )
)
DECISION
On March 31, 2000, Darrel L. Schneider (hereinafter referred to as
complainant) filed a timely appeal from the March 15, 2000, final
decision of the Tennessee Valley Authority (hereinafter referred to as the
agency) concerning his complaint of unlawful employment discrimination
in violation of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. � 621 et seq. The appeal is timely filed (see 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. � 1614.402(a)))<1> and is accepted in accordance with 64
Fed. Reg. 37,644, 37,659 (to be codified as 29 C.F.R. � 1614.405). For
the reasons that follow, the agency's decision is AFFIRMED.
The issue presented in this appeal is whether the agency properly
dismissed allegation 5 for untimely contact with an EEO counselor.
In EEOC Appeal No. 01984439 (June 2, 1999), the agency was directed to
ascertain whether an EEO counselor provided counseling to complainant
on August 7, 1997, with regard to allegation 5 of his complaint. In its
decision now before us, the agency found that the EEO counselor answered
questions but had not provided counseling to complainant on that date.
Further, the counselor stated that he had not discouraged complainant but
that complainant indicated that he elected to pursue his claim through
the grievance process. The agency determined that complainant sought
EEO counseling as to allegation 5 on February 24, 1998, well beyond the
45-day time period and dismissed the complaint.
The Commission's regulations require that a complainant bring his/her
complaint to the attention of an EEO counselor within 45 days of
an alleged discriminatory event or the effective date of an alleged
discriminatory personnel action. 29 C.F.R. �1614.105(a)(1). Although
complainant disagreed with the agency's determination, he has not shown
that he sought and was provided EEO counseling on August 7, 1997, nor has
he offered justification to extend the time period. We find therefore
that the agency properly dismissed the complaint. 64 Fed. Reg. 37,644,
37,656 (to be codified as 29 C.F.R. �1614.107(a)(2)).
CONCLUSION
Accordingly, the agency's decision was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
07-06-00
Date Carlton Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________ ______________________
Date
1On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply the
revised regulations found at 64 Fed. Reg. 37,644 (1999), where applicable,
in deciding the present appeal. The regulations, as amended, may also
be found at the Commission's website at www.eeoc.gov.