01984773
06-07-1999
Nicole T. Dyson, Appellant, v. Robert E. Rubin, Secretary, Department of the Treasury, Agency.
Nicole T. Dyson v. Department of the Treasury
01984773
June 7, 1999
Nicole T. Dyson, )
Appellant, )
)
v. ) Appeal No. 01984773
) Agency No. 98-1172
Robert E. Rubin, )
Secretary, )
Department of the Treasury, )
Agency. )
)
DECISION
The appellant timely filed an appeal with this Commission from a final
decision, dated May 8, 1998, which the agency issued pursuant to EEOC
Regulation 29 C.F.R. �1614.107(b). The Commission accepts the appellant's
appeal in accordance with EEOC Order No. 960, as amended.
The final agency decision dismissed the appellant's complaint of
discrimination based on her race (Black) for untimely EEO counselor
contact. The decision indicated that, according to the appellant's
complaint, she learned that she had not been selected for the GS-7 Public
Affairs Specialist position in late July or early August, 1997, but did
not seek EEO counseling until December 1, 1997, more than 45-calendar
days later.
On appeal, the appellant contends that she did not suspect that her
non-selection was discriminatory until September 18, 1997, when she
talked with her supervisor. The appellant represents that she did
nothing at that time because she was seeking employment after her coop
assignment ended and feared retaliation. The appellant also contends
that, although she had received one week of EEO counselor training, she
did not know whether a temporary employee could use the same channels
as a full-time employee.
After a review of the record, including the appellant's formal
complaint, the Commission finds that the appellant should have suspected
discrimination in late July or early August 1997, when she learned that
a white employee, who did not have a college degree and whose previous
position did not require writing, was selected. She should have sought
EEO counseling within 45 calendar days. The Commission also finds that
the appellant could easily have contacted the agency's EEO Office to
learn whether temporary employees could use the EEO process. As to
the appellant's fear of future non-hire due to retaliation, any such
discrimination also could be remedied in the EEO process.
CONCLUSION
For the reasons stated above, the Commission AFFIRMS the agency's
dismissal of the appellant's March 2, 1998 complaint.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
June 7, 1999
______________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations