01A05535
04-27-2001
Ramses Vega, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Ramses Vega v. Department of Veterans Affairs
01A05535
April 27, 2001
.
Ramses Vega,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A05535
DECISION
Upon review, the Commission finds that the complaint was properly
dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely EEO
contact.
The record shows that complainant sought EEO counseling on March 30,
1998, claiming that he had been discriminated against on the bases of
race, national origin, religion, and in reprisal for prior protected
activity when he was subjected to continuous harassment and forced to
resign on February 6, 1998. Subsequently, complainant filed a formal
complaint concerning these issues. The complaint was dismissed by
the agency for untimely EEO counseling. Complainant timely appealed
the agency's dismissal of his complaint. In EEOC Appeal No. 01986184
(August 12, 1999), the Commission ordered the agency to conduct a
supplemental investigation to determine if complainant had contacted
the EEO Coordinator within the 45-day time limit. The agency was also
ordered to secure an affidavit from the EEO Coordinator.
On October 8, 1999, the EEO Coordinator issued an affidavit in which
she stated that complainant did not contact her during the months of
February 1998 and March 1998. She further stated that complainant
contacted an EEO counselor on March 30, 1998, claiming he had been
discriminated against by a constructive discharge.
On November 3, 1999, the agency issued a new final decision dismissing
the complaint, once again, for untimely EEO counselor contact. Said final
agency decision is the subject of the instant appeal.
A review of the record persuades the Commission that the complaint was
properly dismissed on the grounds of untimely EEO counselor contact.
The record discloses that the alleged discriminatory event occurred on
February 6, 1998, but complainant did not initiate contact with an EEO
Counselor until March 30, 1998, which is beyond the forty-five (45) day
limitation period. On appeal, no persuasive arguments or evidence have
been presented to warrant an extension of the time limit for initiating
EEO contact. Accordingly, the agency's November 3, 1999 final decision
dismissing the subject complaint 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 27, 2001
__________________
Date