01A44368_r
09-29-2004
Dorothy J. Jackson, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Dorothy J. Jackson v. Social Security Administration
01A44368
September 29, 2004
.
Dorothy J. Jackson,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Appeal No. 01A44368
Agency No. 04-0218-SSA
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely
EEO Counselor contact. In her complaint, complainant alleged that she
was subjected to discrimination on the bases of age, race, disability
and reprisal for prior protected activity when:
Complainant's request of March 14, 2001, for reasonable accommodation in
the form of �work at home by exception (WAHBE),� was denied as a result of
an adverse recommendation by her acting Branch Manager on March 30, 2001.
The record contains a March 30, 2001 memorandum from complainant's
acting Branch Manager recommending denial of complainant's WAHBE
request. The record reveals that while complainant was awaiting a
decision on her reasonable accommodation request, she applied for
disability retirement benefits. The record contains an April 4, 2001
�Supervisor's Statement In Connection with Disability Retirement Under
the Civil Service Retirement System and the Federal Employees Retirement
System� in which complainant's supervisor states there is �no way to
accommodate� complainant. Complainant states that she did not receive a
written denial of her accommodation request until her personal effects
were mailed to her from her employer after she retired. According to
the EEO Counselor's Report, complainant has been receiving civil service
disability retirement benefits since February 2003.
Upon review of the record, we find that the alleged discriminatory event
occurred more than forty-five days prior to complainant's initial contact
with an EEO Counselor on January 16, 2004, and that complainant should
have reasonably suspected discrimination more than forty-five days prior
to her EEO Counselor contact. On appeal, complainant has presented no
persuasive arguments or evidence warranting an extension of the time
limit for initiating EEO Counselor contact.
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.
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
September 29, 2004
__________________
Date