William M. Jarosz, Complainant,v.Dr. James G. Roche, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionDec 3, 2003
01A34224_r (E.E.O.C. Dec. 3, 2003)

01A34224_r

12-03-2003

William M. Jarosz, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.


William M. Jarosz v. Department of the Air Force

01A34224

December 3, 2003

.

William M. Jarosz,

Complainant,

v.

Dr. James G. Roche,

Secretary,

Department of the Air Force,

Agency.

Appeal No. 01A34224

Agency Nos. 9D1S03013

9D1S03020

DECISION

Complainant filed a timely appeal with this Commission from two final

agency decisions, both dated May 21, 2003, dismissing the two captioned

complaints of unlawful employment discrimination in violation of the Age

Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �

621 et seq.

The record reveals that during the relevant time, complainant was

employed as a General Engineer, GS-801-13, at the agency's Air Force

Base in Los Angeles, California. Complainant sought EEO counseling on

November 21, 2002 and December 9, 2002, regarding claims of discrimination

based on age. Informal efforts to resolve complainant's concerns were

unsuccessful. Subsequently, complainant filed two formal complaints

which were received by the agency on March 12, 2003 (identified as Agency

Nos. 9D1S03013 and 9D1S03020).

Regarding both Agency No. 9D1S03013 and Agency No. 9D1S03020, the agency

dismissed both complaints as untimely filed. The agency determined

that complainant received the notice of right to file a complaint for

both cases on February 20, 2003, and that the formal complaints were

not filed until March 12, 2003, beyond the 15-day time limit set by

the regulations.

The Commission finds that the agency properly dismissed complainant's

complaints as untimely filed pursuant to 29 C.F.R. � 1614.107(a)(2).

The record discloses that complainant received and signed two notices

of right to file a formal complaint on February 20, 2003. Although the

notices indicated that complainant had to file a formal complaint within

fifteen (15) calendar days of its receipt, complainant did not file

his two formal complaints until March 12, 2003, which is beyond the

limitation period.

On appeal, complainant fails to present any evidence or argument

to justify an extension of the time period within which to file his

complaints. Accordingly, the agency's final decision dismissing the two

captioned complaints is hereby AFFIRMED.

Because we affirm the dismissal of the instant complaints for the reason

stated herein, we find it

unnecessary to address the agency's various alternative dismissal

grounds.

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

December 3, 2003

__________________

Date