01983960_r
06-15-2001
Hadie Redd, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Hadie Redd v. Department of the Navy
01983960
June 15, 2001
.
Hadie Redd,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01983960
Agency No. 97-68711-011
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. �1614.107(a)(2), on the grounds
that complainant failed to contact an EEO Counselor in a timely manner.
Complainant claimed that he was discriminated against on the basis of
his age (63) when on March 19, 1997, he was suspended from duty without
pay for ten calendar days, and on April 4, 1997, when he was terminated
from his position of Police Officer, GS-0083-07. The record reveals
that complainant contacted an EEO Counselor on or about April 4, 1997,
for the purpose of obtaining information about filing procedures for EEO
complaints. According to the EEO Counselor, there was no discussion
about the bases or issues involved in the complaint. The record
indicates that the EEO Counselor mailed an EEO packet to complainant
and advised him of EEO complaint procedures on or about April 4, 1997.
Nonetheless, complainant did not submit an informal complaint with
regard to the aforementioned issues until October 1, 1997. We find
that complainant failed to exercise due diligence in utilizing the
EEO process. Complainant has not submitted sufficient justification
for an extension of the 45-day limitation period. See Baldwin County
Welcome Center v. Brown, 466 U.S. 147, 151 (1984) (per curiam) ("One
who fails to act diligently cannot invoke equitable principles to
excuse lack of diligence"); Rys v. U.S. Postal Service, 886 F.2d 443,
446 (1st Cir. 1989) ("to find succor in equity a Title VII plaintiff
must have diligently pursued her claim"). We find that complainant's
contact of an EEO Counselor on October 1, 1997 was therefore untimely.
Accordingly, the agency's decision dismissing complainant's complaint
on the grounds of untimely EEO contact was proper and is AFFIRMED.<1>
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
June 15, 2001
__________________
Date
1In light of our affirmance of the agency's dismissal of the complaint
on this grounds, we need not address the agency's alternative grounds
for dismissal.