Joyce Shelton, Complainant,v.Gordon R. England, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionSep 5, 2002
05A21006 (E.E.O.C. Sep. 5, 2002)

05A21006

09-05-2002

Joyce Shelton, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.


Joyce Shelton v. Department of the Navy

05A21006

September 5, 2002

.

Joyce Shelton,

Complainant,

v.

Gordon R. England,

Secretary,

Department of the Navy,

Agency.

Request No. 05A21006

Appeal No. 01A12812

Agency No. DON-99-42912-010

Hearing No. 100-AO-7946X

DISMISSAL OF REQUEST FOR RECONSIDERATION

By Notice of Request for Reconsideration postmarked June 20, 2002, the

agency filed a request for reconsideration with this Commission from

the decision in Joyce Shelton v. Department of the Navy, EEOC Appeal

No. 01A12812 (May 8, 2002) which reversed the Administrative Judge's

summary judgment decision finding no discrimination.

A copy of the Commission's decision certifies that it was mailed on May 8,

2002 and presumed to be received within five (5) calendar days after it

was mailed (ie., on May 13, 2002). A review of the Commission's decision

reveals that the we properly advised the agency that it had thirty

(30) calendar days after receipt of our decision to file a request for

reconsideration. Therefore, in order to be considered timely, the agency

had to file its request for reconsideration no later than June 12, 2002.

The agency has not offered adequate justification for an extension of

the applicable time limit for filing its request for reconsideration.

Accordingly, the agency's June 20, 2002 request for reconsideration is

hereby dismissed. See 29 C.F.R. � 1614.405(b).

ORDER

The agency shall submit to the Hearings Unit of the Washington Field

Office the request for a hearing within fifteen (15) calendar days of

the date this decision becomes final. The agency is directed to submit a

copy of the complaint file to the EEOC Hearings Unit within fifteen (15)

calendar days of the date this decision becomes final. The agency shall

provide written notification to the Compliance Officer at the address set

forth below that the complaint file has been transmitted to the Hearings

Unit. Thereafter, the Administrative Judge shall issue a decision on the

complaint in accordance with 29 C.F.R. � 1614.109 and the agency shall

issue a final action in accordance with 29 C.F.R. � 1614.110.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement

of the order. 29 C.F.R. � 1614.503(a). The complainant also has the

right to file a civil action to enforce compliance with the Commission's

order prior to or following an administrative petition for enforcement.

See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).

Alternatively, the complainant has the right to file a civil action on

the underlying complaint in accordance with the paragraph below entitled

"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.

A civil action for enforcement or a civil action on the underlying

complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)

(1994 & Supp. IV 1999). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 29 C.F.R. � 1614.409.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court within ninety (90) calendar days from the date

that you receive this decision. In the alternative, you may file a

civil action after one hundred and eighty (180) calendar days of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. 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 5, 2002

__________________

Date