01A20067_r
08-06-2002
Linda E. Hallman, Complainant, v. Donald L. Evans, Secretary, Department of Commerce, (U.S. Patent and Trademark Office), Agency.
Linda E. Hallman v. Department of Commerce
01A20067
August 6, 2002
.
Linda E. Hallman,
Complainant,
v.
Donald L. Evans,
Secretary,
Department of Commerce,
(U.S. Patent and Trademark Office),
Agency.
Appeal No. 01A20067
Agency No. 01-56-52
DECISION
Complainant filed a timely appeal with this Commission from the final
agency dated March 11, 2002, dismissing 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., and
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq.
In her complaint, complainant alleged that she was subjected to
discrimination on the bases of age and in reprisal for prior protected
activity when on January 24, 2001, she was attacked by her supervisor
and was hit in the face, causing complainant to feel threatened.
The agency dismissed her complaint on the grounds of untimely EEO
Counselor contact, pursuant to 29 C.F.R. � 1614.107(a)(2), finding
that complainant did not contact an EEO Counselor concerning the January
24, 2001 incident until April 16, 2001, almost three months after the
alleged attack.
Complainant has failed to present adequate justification pursuant to
29 C.F.R. �1614.105(a)(2), for extending the limitation period beyond
forty-five days. Accordingly, the agency's decision to dismiss
appellant's complaint for failure to initiate contact with an EEO
Counselor in a timely fashion was proper and is AFFIRMED.
Finally, we note that on appeal, complainant alleges that she has
been subjected to acts of discrimination other than that addressed in
her formal complaint, relating to the January 24, 2001 altercation.
Complainant addresses, among other matters, a claim regarding a proposed
removal issued in April 2001. Complainant is advised to contact an EEO
Counselor regarding these matters if she wishes to pursue them further.
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 6, 2002
__________________
Date