01A31320_r
12-22-2003
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