0120103475
12-08-2010
Shakuntla D. Singla, Complainant, v. Robert C. Tapella, Public Printer, United States Government Printing Office, Agency.
Shakuntla D. Singla,
Complainant,
v.
Robert C. Tapella,
Public Printer,
United States Government Printing Office,
Agency.
Appeal No. 0120103475
Agency No. 10-30
DECISION
Complainant filed an appeal with this Commission from the Agency's decision dated August 2, 2010, dismissing her complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
For the following reasons, the Commission AFFIRMS the Agency's decision.
BACKGROUND
In her complaint, Complainant alleged that the Agency subjected to her discrimination on the bases of race, national origin, sex, religion, and age when:
Complainant was not selected for the position of IT Project Manager.1
Upon review, the Commission finds that Complainant's complaint was properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely EEO Counselor contact. The record discloses that the alleged discriminatory event occurred on January 29, 2009, but Complainant did not initiate contact with an EEO Counselor until April 8, 2010, which is beyond the forty-five (45) day limitation period. The Agency reasoned that Complainant should have suspected discrimination, at the latest, at the time that the selected candidate entered on duty in March 2009. Agency's decision to dismiss, August 2, 2010, at page 3.
On appeal, Complainant states that she did not know a selection had been made until she conversed with a co-worker about the vacancy announcement in March 2010. The co-worker had received an interview, but Complainant had not been interviewed. Complainant's Supporting Statements, September 1, 2010, at 1.
We concur with the Agency that Complainant should have reasonably suspected discrimination at the latest within 45 day of March 2009, when the selectee entered on duty. Complainant did not contact an EEO Counselor until approximately a year later. We find that Complainant has presented no persuasive arguments or evidence warranting an extension of the time limit for initiating EEO Counselor contact.
CONCLUSION
The Agency's final decision dismissing Complainant's complaint pursuant to 29 C.F.R. �1614.107(a)(2) is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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 8, 2010
__________________
Date
1 In her complaint, Complainant alleged a pattern and practice of not being selected for the position of Information Technology Project Manager by the identified Selecting Official. We note that in her narrative description, Complainant identifies Vacancy Announcement 08-658, from which announcement a selection was made on January 29, 2009, as the selection at issue in the complaint.
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0120103475
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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