0120092270
09-09-2009
Connie O. Wong, Complainant, v. Pete Geren, Secretary, Department of the Army, (Army National Guard Bureau), Agency.
Connie O. Wong,
Complainant,
v.
Pete Geren,
Secretary,
Department of the Army,
(Army National Guard Bureau),
Agency.
Appeal No. 0120092270
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated March 25, 2009, 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.
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely
EEO Counselor contact.
In her complaint, complainant alleged that she was subjected to
discrimination on the bases of race (Asian), national origin (Hong
Kong), sex (female), color (yellow), and reprisal1 for prior protected
EEO activity under Title VII of the Civil Rights Act of 1964 when
she was not selected for the position of Equal Employment Manager,
GS-0260-12. The record contains an email dated June 8, 2008 informing
complainant of her non-selection. The record indicates that the agency
did not fill the position. Rather, it appears that someone was detailed
to the position with no change in grade.
The record discloses that the alleged discriminatory event occurred
on June 18, 2008, but complainant did not initiate contact with an
EEO Counselor until February 3, 2009, which is beyond the forty-five
(45) day limitation period. On appeal, complainant has presented
no persuasive arguments or evidence warranting an extension of the
time limit for initiating EEO Counselor contact. Complainant asserts
that she read an article in December 2008 concerning discrimination
allegations made in another state and that is when she realized she
may have been discriminated against. The Commission finds that merely
reading a news article at a later date is insufficient reason to extend
the time limits. Because the Commission finds that complainant untimely
contacted the EEO counselor, we need not address the agency's dismissal
for mootness.
Accordingly, the agency's final decision dismissing complainant's
complaint is affirmed.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 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 (S0408)
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 (Z1008)
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
September 9, 2009
__________________
Date
1 Complainant states on appeal that her reprisal claim was brushed aside
because she did not engage in protected activity within the federal
system. To that extent, there is no requirement that any protected
activity be limited to actions taken as a federal employee.
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0120092270
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120092270