0120082035_2726_2577
08-06-2008
Maria V. Carmona, Complainant, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.
Maria V. Carmona,
Complainant,
v.
Henry M. Paulson, Jr.,
Secretary,
Department of the Treasury,
Agency.
Appeal Nos. 0120082035, 0120082726, 0120082577
Agency Nos. OIG-08-0165-F, OIG-08-0235-F, OIG-08-0303-F
DECISION
Upon review, the Commission finds that complainant's complaints were
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2). The Commission
has consolidated complainant's complaints pursuant to 29 C.F.R. �
1614.606.
The record reflects that, in all three of the complaints at bar,
the agency dismissed the complaint for failure to seek EEO counseling.
The record reveals that, in each of the three cases, complainant initiated
contact with an EEO Counselor, but then she and her representative
failed to respond to repeated requests from the EEO counselor to actually
commence the EEO counseling process. Instead, in each case complainant
hand-delivered a formal EEOC complaint to the agency.
We note that the Commission has previously decided an appeal filed by this
complainant raising a procedural issue identical to that found in each of
the three instant complaints. In its previous decision, the Commission
determined that complainant failed to engage in the EEO counseling
process, despite the fact that she had filed previous EEO complaints and
was well-aware of her obligation to engage in pre-complaint counseling
prior to filing a written complaint of discrimination. See Carmona
v. Treasury, EEOC Appeal No. 0120081359 (May 1, 2008), request to
reconsider denied, EEOC Request No. 0520080581 (June 27, 2008).
On appeal, complainant presents no persuasive arguments to justify her
failure to follow the regulatory procedures.
Accordingly, the agency's final decisions (dated February 22, 2008,
April 14, 2008, and April 29, 2008) dismissing complainant's complaints
are 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 6, 2008
Date
2
0120082035
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120082035, et al.