0120122038
10-04-2012
Pradeep Arora, Complainant, v. Dr. Rebecca Blank, Acting Secretary, Department of Commerce (Bureau of the Census), Agency.
Pradeep Arora,
Complainant,
v.
Dr. Rebecca Blank,
Acting Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Appeal No. 0120122038
Agency No. 63-2012-01786
DECISION
Upon review, the Commission finds that the Agency's decision dated March 30, 2012, dismissing Complainant's complaint due to untimely EEO Counselor contact is proper pursuant to 29 C.F.R. � 1614.107(a)(2). For the following reasons, we AFFIRM the Agency's decision.
BACKGROUND
In his complaint, dated February 19, 2012, Complainant, a former Agency employee, alleged discrimination based on race (East Indian), national origin (East Indian), and in reprisal for prior EEO activity when on May 16, 2010, he was terminated prior to the expiration of his term appointment. The record indicates that Complainant contacted an EEO Counselor with regard to his complaint on January 19, 2012, which was beyond the 45-day time limit set by the regulations. The Agency dismissed the complaint due to untimely EEO Counselor contact.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. � 1614.105(a)(1) requires that complaints of discrimination be brought to the attention of the EEO Counselor within 45 days of the alleged discriminatory event, or the effective date of an alleged discriminatory personnel action. The record indicates that Complainant was terminated on May 16, 2010. However, he did not contact an EEO Counselor regarding the matter until January 19, 2012, which was beyond the 45-day time limit set by the regulations. Although Complainant made some inquiries to the Agency concerning his termination, we find no evidence that Complainant contacted any Agency official logically connected to the EEO process and exhibited intent to begin the EEO process within the requisite time limit. See Allen v. United States Postal Service, EEOC Request No. 05950933 (July 9, 1996). Furthermore, Complainant does not proffer any evidence that he was not aware of the requisite time limit to contact an EEO Counselor at the time of the alleged incident. Also, he does not claim that he was so physically or emotionally incapacitated as to be unable to make timely EEO Counselor contact. Based on the foregoing, we find that Complainant failed to present adequate justification to warrant an extension of the applicable time limit for contacting an EEO Counselor.
CONCLUSION
Accordingly, the Agency's final decision 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
10/4/12
__________________
Date
2
0120122038
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013