01A12486_r
04-04-2001
Leon Armenteros, Complainant, v. Donald L. Evans, Secretary, Department of Commerce, Agency.
Leon Armenteros v. Department of Commerce
01A12486
April 4, 2001
.
Leon Armenteros,
Complainant,
v.
Donald L. Evans,
Secretary,
Department of Commerce,
Agency.
Appeal No. 01A12486
Agency No. 00-63-02732D
DECISION
Complainant appealed to this Commission from a January 30, 2001 decision
to dismiss his employment discrimination complaint.<1> In his complaint,
complainant alleged discrimination on the basis of age and retaliation
when he was not hired on April 22, 2000. This complaint was dismissed for
untimely counselor contact; the decision noted that complainant failed
to contact a counselor until July 29, 2000. On appeal, complainant
argues for the first time that after the April 22, 2000 rejection,
he called the agency weekly to inquire about employment.
Generally, complainants must raise claims of discrimination within
forty-five (45) days of their occurrence. See 29 C.F.R. � 1614.105(a)(1).
The agency may dismiss complaints that fail to comply with this time
limit. See 29 C.F.R. � 1614.107(a)(2).
In his formal complaint, complainant explains that he arrived at a
training class on April 22, 2000, and was told to leave. Complainant
noted that agency officials deny having called him to attend training,
and told him they must have been trying to contact his son.
The Commission finds complainant should have had a reasonable suspicion
of discrimination when he was forced to leave the training session
on April 22, 2000. The Commission finds that complainant failed to
contact a counselor until July 29, 2000, and failed to provide adequate
explanation for his delay.
CONCLUSION
Accordingly, the agency's dismissal is 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
April 4, 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 Commission's Washington, D.C. Field Office wrote the final decision
in this case pursuant to a Memorandum of Understanding (MOU) between the
Commission, the agency, and the Bureau of Census. This MOU has expired,
and the agency now is responsible for the processing of complaints filed
by Decennial Census 2000 employees.