0120082811
08-20-2008
Jesse L. Satterfield, Complainant, v. Elaine L. Chao, Secretary, Department of Labor, Agency.
Jesse L. Satterfield,
Complainant,
v.
Elaine L. Chao,
Secretary,
Department of Labor,
Agency.
Appeal No. 0120082811
Agency No. CRC 07-06-098
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated May 5, 2008, dismissing his complaint of unlawful
employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., Section
501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act
of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
On March 2, 2007, complainant contacted an EEO Counselor and alleged
that he was discriminated against based on his age (57), disability
(speech impediment), and in reprisal for prior EEO activity when Personnel
issued an e-mail dated April 5, 2007, stating that it had been determined
that complainant did not meet the specialized experience requirements
for the position of Coal Mine Safety and Health Inspector, GS-1822-12
position. Informal efforts to resolve the matter were unsuccessful and
complainant filed a formal complaint on June 26, 2007.
On December 11, 2007, the agency sent a letter via certified mail
requesting complainant to provide his responses to questions pertaining to
his complaint within 15 days of the receipt the letter. The agency also
notified complainant that failure to provide the requested information
within the stipulated time would result in the dismissal of his complaint
for failure to cooperate. Complainant received the agency's letter on
January 14, 2008. On May 5, 2008, the agency dismissed the complaint
for failure to cooperate stating that complainant did not respond to
the agency's request.
EEOC Regulation 29 C.F.R.� 1614. 107 (a) (7) provides that an agency
shall dismiss a complaint where the agency has provided the complainant
with a written request to provide relevant information or otherwise
proceed with the complaint, and the complainant failed to respond to the
request within 15 days of tits receipt or complainant's response does
not address the agency's request, provided that the request included a
notice of proposed dismissal.
The record indicates that on January 14, 2008, complainant received the
agency's letter requesting him to provide information for processing
his complaint with the notice that failure to respond within 15 days of
its receipt would result in the dismissal of his complaint. As of May 5,
2008, complainant still had not responded to the agency's request. The
Commission finds that complainant's complaint was properly dismissed
pursuant to 29 C.F.R. � 1614.107 (a) (7) for failure to cooperate.
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0408)
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 (S0408)
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 (Z0408)
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
August 20, 2008
Date
2
0120082811
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120082811