Maria A. Riedel, Complainant,v.John W. Snow, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionDec 22, 2003
01A31320_r (E.E.O.C. Dec. 22, 2003)

01A31320_r

12-22-2003

Maria A. Riedel, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.


Maria A. Riedel v. Department of the Treasury

01A31320

December 22, 2003

.

Maria A. Riedel,

Complainant,

v.

John W. Snow,

Secretary,

Department of the Treasury,

Agency.

Appeal No. 01A31320

Agency No. 03-2011

DECISION

Complainant filed an appeal with this Commission from a November 26,

2002 agency decision, dismissing her complaint pursuant to 29 C.F.R. �

1614.107(a)(2), for failure to file her complaint in a timely manner.

In her complaint, complainant alleged that she was subjected to

discrimination on the basis of age when other Custom Aides were upgraded

and she was not.

In dismissing the complaint, the agency stated that complainant received

her notice of right to file a complaint on April 11, 2002, and did not

file her complaint until October 10, 2002, which was beyond the 15-day

time limitation period. The agency rejected complainant's allegations of

having been granted an extension to file her complaint by EEO officials

and illness as justification to extend the time limit.

On appeal, complainant asserts that she contacted the EEO Counselor who

assured her that her case would be placed on hold and not to worry about

her complaint while she was recovering. She also asserts that she was

ill and hospitalized in April 2002, and had to undergo chemotherapy.

The record reveals that complainant received the notice of right to

file a formal complaint on April 11, 2002. The notice indicated

that complainant had to file a formal complaint within fifteen (15)

calendar days of its receipt. The Commission finds that complainant

did not file her complaint with the agency until October 10, 2002, which

was beyond the 15-day limitation period for filing a timely complaint.

No persuasive evidence or arguments have been presented to warrant an

extension of the time limit for filing the complaint. The Commission

is not persuaded that complainant was misled by agency officials into

filing her complaint late or that she was so incapacitated that she

could not file her complaint in a timely manner.

Accordingly, the agency's dismissal of the complaint is AFFIRMED.

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

December 22, 2003

__________________

Date