01993763
02-26-2001
Tira Branch, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Tira Branch v. Department of Veterans Affairs
01993763
February 26, 2001
.
Tira Branch,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01993763
Agency No. 200h-0632-98-1751
DECISION
Complainant filed a timely appeal with this Commission from an agency
decision dated March 23, 1999, dismissing part of 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. Complainant, initiated contact with an EEO Counselor on May
26, 1998, and subsequently filed a formal EEO complaint claiming she
was discriminated against on the bases of her race (Sri Lanka/Asian)
and color (brown) when she was not selected for the following positions:
Secretary, May 19, 1998;
Supervisory Medical Clerk, March 30, 1998;
Voluntary Service Assistant, March 30, 1998;
Program Assistant, March 13, 1998;
Secretary, March 2, 1998;
Program Support Assistant, February 11, 1998;
Program Support Assistant, February 9, 1998;
Program Assistant, February 3, 1998;
Secretary, January 6, 1998;
Secretary, January 2, 1998;
Program Support Assistant, December 31, 1998; and
Computer Specialist, no date.
The agency dismissed claims 2 through 12 for untimely EEO Counselor
Contact and accepted claim 1 for investigation.<1> With respect to
claims 2 through 12, the agency found that complainant's initial EEO
Counselor contact on May 26, 1998, was beyond the 45-day limitation
period, and that complainant failed to provide adequate justification
for either extending or waiving the limitation period.
Upon review, the Commission finds that the agency's decision dated March
23, 1999, dismissing claims 2 through 12 due to untimely EEO Counselor
contact is proper pursuant to 29 C.F.R. � 1614.107(a)(2). We find, that
complainant should have had a reasonable suspicion of discrimination
by March 30, 1998, and therefore, her initial EEO Counselor contact on
May 26, 1998, was beyond the 45-day time limit set by the regulations.
On appeal, complainant fails to present adequate justification to
warrant an extension of the applicable time limit for contacting an EEO
Counselor.
Accordingly, the agency's decision dismissing claims 2 through 12 is
hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
February 26, 2001
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1The agency informed the Commission that on August 9, 1999, complainant
withdrew claim 1. Therefore, the instant appeal is appropriate for
adjudication.