01A32957_r
06-02-2004
Helen Landry, Complainant, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Helen Landry v. Department of the Army
01A32957
June 2, 2004
.
Helen Landry,
Complainant,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Appeal No. 01A32957
Agency No. ARSILL03JAN0012
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
of untimely EEO Counselor contact.
On December 27, 2002, complainant, an Assistant Chief of Fire Prevention
in Fort Sill, Oklahoma, initiated contact with an EEO Counselor.
Informal efforts to resolve her concerns were unsuccessful. On March 6,
2003, complainant filed a formal complaint, alleging that she was the
victim of unlawful employment discrimination on the basis of sex (female).
On March 27, 2003, the agency issued a final decision that is the subject
of the instant appeal. Therein, the agency determined that complainant's
complaint was comprised of two claims, that were identified in the
following fashion:
Complainant was not afforded the same coverage under the special
retirement system for law enforcement officials and firefighters as a
male coworker;
Complainant requested that certain firefighter certifications be
"grandfathered" but this request was denied. Complainant claimed that
the request of a male co-worker was not denied; and because of this
action, complainant's career advancement suffered.
The agency dismissed the complaint for failure to state a claim and on
the alternative grounds of untimely EEO Counselor contact.
The record in this case contains a memorandum dated November 25, 1987,
from complainant to her United States Senator. Therein, complainant
requested assistance in resolving difficulties regarding her �retirement
at Fort Sill.� Specifically, complainant claimed that she had been
told by an agency personnel office that after seven years of employment
at the Fort Sill Fire Department, she is not entitled to �firefighters
retirement.�
The record also contains a statement from complainant dated March 10,
2002. Therein, complainant claimed that she was denied the opportunity
for �grandfathering� in certifications due to lack of support from
an agency official. Complainant requested that certifications be
�grandfathered� due to an oversight during the �original grandfathering�
process.
Finally, the record contains the statement (undated) of an agency
EEO Manager, who indicated that the agency official identified by
complainant in her statement of March 10, 2002, discussed above, stated
that the paperwork for �grandfathering� had originally been submitted
in August 1998.
The Commission determines that the record discloses that complainant
had or should have had a reasonable suspicion of unlawful employment
discrimination regarding the alleged discriminatory events identified in
claims (1) and (2), well prior to complainant's initial EEO Counselor
contact in December 2002. 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 on the grounds of
untimely EEO contact was proper and is AFFIRMED.
Because we affirm the agency's dismissal of the instant complaint for
the reason stated herein, we find it unnecessary to address the agency's
alternative dismissal grounds.
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
June 2, 2004
__________________
Date