0120121390
05-24-2012
Beverly Largent, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Beverly Largent,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 0120121390
Agency No. 2004-0785-2012100422
DECISION
Complainant filed a timely appeal with this Commission from the Agency's final decision dated January 10, 2012, dismissing a formal 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. Upon review, the Commission finds that Complainant's complaint was properly dismissed pursuant to 29 C.F.R. � 1614.107(a) (2), on the grounds of untimely EEO Counselor contact.
BACKGROUND
During the period at issue, Complainant worked as an Assistant Chief in an Agency facility in St. Louis, Missouri. On November 2, 2011, Complainant initiated EEO contact. Informal efforts to resolve her concerns were unsuccessful.
On December 16, 2011, Complainant filed a formal complaint. Therein, Complainant claimed that the Agency subjected her to discrimination on the bases of race and age when:
on August 31, 2011, she was forced to resign from her position as Assistant Chief, Veterans Canteen Service.
The Agency dismissed the formal complaint on the grounds of untimely EEO Counselor contact. The Agency found that the alleged discrimination occurred on August 31, 2011, but that Complainant did not contact an EEO Counselor until November 2, 2011, beyond the 45-day time limit.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R Section 1614.105 (a) (1) states that an aggrieved person must initiate contact with a Counselor within 45 days of the date of the matter alleged to be discriminatory. Section 1614.107(a) (2) provides that an agency shall dismiss an entire complaint that fails to comply with the applicable time limits contained in 1614.105.
The record discloses that here the alleged discriminatory event occurred on August 31, 2011, but Complainant did not initiate contact with an EEO Counselor until November 2, 2011, which is beyond the forty-five (45) day limitation period.
On appeal, Complainant argues that she "had no [idea] what her rights were, nor did I know that I was eligible to file an EEO complaint. So you can call me na�ve or is it a mere lack of being misinformed during the entire process." However, the record reflects that Complainant had undergone training where the limitation period for timely contacting an EEO Counselor had been addressed. Complainant has therefore presented no persuasive arguments or evidence warranting an extension of the time limit for initiating EEO Counselor contact.
The Agency's final decision dismissing Complainant's formal complaint on the grounds of untimely EEO Counselor contact 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
May 24, 2012
__________________
Date
2
0120121390
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120121390