03a40095
07-13-2004
Jacqueline L. Spriggs, Petitioner, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Jacqueline L. Spriggs v. Dept. of the Army
03A40095
July 13, 2004
.
Jacqueline L. Spriggs,
Petitioner,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Petition No. 03A40095
MSPB No. PH-0752-02-0229-I-1
DENIAL OF CONSIDERATION
On May 28, 2004 the petitioner filed a petition with the Equal Employment
Opportunity Commission asking for review of the final Order issued
by the Merit Systems Protection Board (MSPB) dated March 16, 2004,
concerning her claim of discrimination based on age, disability and
reprisal in violation of Section 501 of the Rehabilitation Act of 1973
(Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., and Title VII
of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. �
2000e et seq., and the Age Discrimination in Employment Act of 1967
(ADEA), as amended, 29 U.S.C. � 621 et seq.
By regulation, petitions must be filed within thirty (30) calendar
days after the party receives the Board's final decision. 29 C.F.R. �
1614.303(b). Where a petitioner is represented by an attorney, the 30-day
time period shall be calculated from the date the attorney received the
document. 29 C.F. R. � 1614.402(b).
The Board sent out its final Order by certified mail to petitioner's
attorney and its Order contained the time frames for petitioning the
Commission. A copy of the green card receipt indicates that petitioner's
attorney received the decision on March 17, 2004. As evidenced by the
postage meter date, petitioner's attorney filed the petition on May
28, 2004, which was beyond the 30-day limit set by regulation. The
attorney explained that she had experienced a medical problem in March
2004. However, no medical documentation was submitted nor was there
anything offered to show that the attorney was so incapacitated during
the entire time period that she could not have timely filed a petition.
Thus, the Commission denies consideration of the instant petition.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0900)
This decision of the Commission is final, and there is no further right of
administrative appeal from the Commission's decision. You have the right
to file a civil action in an appropriate United States District Court,
based on the decision of the Merit Systems Protection Board, within
thirty (30) calendar days of 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.
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
July 13, 2004
__________________
Date