01A33188_r
08-22-2003
Vincent L. Harrington, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Vincent L. Harrington v. Department of Veterans Affairs
01A33188
August 22, 2003
.
Vincent L. Harrington,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A33188
Agency No. 200J-0583-2003101062
DECISION
The Commission finds the agency's April 7, 2003 decision dismissing
complainant's complaint proper pursuant to 29 C.F.R. � 1614.107(a)(2),
for untimely filing of the formal complaint. Complainant alleges
discrimination on the bases of race, sex, and reprisal when: (1) he was
not promoted to a GS-12; and (2) he was subjected to a hostile work
environment when, on or about December 16, 2002, the Chief of Human
Resources Management Services addressed him by using the term "boy,"
and when the Chief interfered in the EEO process at his facility ever
since complainant began in his position and has tried to undermine
the process as well as complainant's position. The record indicates
that complainant received the Notice of Right to File (NORF) his formal
complaint on January 27, 2003, which informed complainant that he must
file his formal complaint within 15 calendar days of receipt of the NORF.
However, complainant did not file his formal complaint until February
12, 2003, beyond the 15-day limitation period. On appeal, complainant
argues that his filed his complaint via facsimile on February 11, 2003.
The next day on February 12, 2003, complainant argues that he "noticed
that the fax had not gone through . . . and refaxed it again that day."
Complainant has not presented adequate justification to warrant extension
of the applicable limitation period.
The agency's decision dismissing complainant's complaint 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
August 22, 2003
__________________
Date