01a21845_r
03-17-2003
Sandra J. Kramer, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.
Sandra J. Kramer v. Department of the Navy
01A21845
March 17, 2003
.
Sandra J. Kramer,
Complainant,
v.
Hansford T. Johnson,
Acting Secretary,
Department of the Navy,
Agency.
Appeal No. 01A21845
Agency No. 02-68963-001
DECISION
Upon review, the Commission finds that the agency's decision dated January
11, 2002, dismissing complainant's complaint due to untimely EEO Counselor
contact is proper pursuant to 29 C.F.R. � 1614.107(a)(2). The agency
defined the complaint as alleging that complainant was discriminated
against based on religion (Assembly of God), sex (female), age (DOB:
5/10/49), disability, and in reprisal when she was harassed and abused
over a four-year period by the Director, Insensitive Munitions Program
Office, and was forced to accept a position 50 miles from her home,
thus endangering her health and safety. Complainant has not challenged
the agency's framing of the complaint. The record indicates that the
alleged incidents occurred from January 1997 through November 17, 2000,
which was complainant's last day of work at the agency. The record
indicates that complainant contacted an EEO Counselor with regard to
her complaint on August 28, 2001, which was beyond the 45-day time limit
set by the regulations.
On appeal, complainant contends that she was not able to contact an
EEO Counselor within the requisite time frame due to her physical
and mental conditions. The record indicates that from December
2000 through January 2001, complainant attended therapy sessions at
Pathfinder Health Services; and from January 2001 through March 2001,
she moved to more extensive therapy at North Arundel Hospital for a
partial hospitalization program. The record also indicates that on March
16, 2001, complainant was discharged from that partial hospitalization.
On appeal, complainant admits that in March 2001, after her discharge from
the hospitalization, she contacted her former representative and applied
for federal disability and Social Security disability. Complainant also
admits that from April 2001 to July 2001, she had constant contact with
Social Security until she was granted federal disability retirement
and Social Security disability benefits in August 2001. Based on the
foregoing information, the Commission finds that complainant fails to
show that she was so physically or emotionally incapacitated as to be
unable to make timely EEO Counselor contact after she was discharged
from her hospitalization on March 16, 2001.
Accordingly, the agency's decision 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
March 17, 2003
__________________
Date