0120081828
08-20-2009
Delores Turner, Complainant, v. Paul Prouty, Acting Administrator, General Services Administration, Agency.
Delores Turner,
Complainant,
v.
Paul Prouty,
Acting Administrator,
General Services Administration,
Agency.
Appeal No. 0120081828
Agency No. 04R2FSSDT05
DISMISSAL OF APPEAL
By Notice of Appeal postmarked March 11, 2008, complainant filed an
appeal with this Commission from the agency's January 17, 2007 final
order concerning her EEO 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.
The record reveals that on December 21, 2006, an Administrative Judge (AJ)
of the EEOC issued a decision in the instant case. In that decision,
the AJ notified the parties that the agency was required to take final
action in the case within 40 days. She further indicated: "If the
Agency has not issued its final order within forty (40) calendar days
of its receipt of the hearing file and this decision, the complainant
may file an appeal to the Commission directly from this decision."
On January 17, 2007, the agency took final action, stating "It is the
final decision of GSA to adopt and fully implement the Administrative
Judge's decision finding in favor of the agency."
On appeal, complainant maintains that, until February 17, 2008, she was
not aware that a final action had been issued, as she had never received
a copy.1 The agency states, however, that it sent complainant and her
representative a copy of the final action in January 2008. Even assuming
that complainant and/or her representative never received a copy of
the final action, the AJ's decision would have automatically become the
agency's final decision after 40 days, pursuant to 29 C.F.R. 1614.109(i),
which states: "If an agency does not issue a final order within 40
days of receipt of the administrative judge's decision in accordance
with 1614.110, then the decision of the administrative judge shall
become the final action of the agency." Here, complainant waited more
than one year after those 40 days had expired before filing an appeal.
She also did not offer an explanation for why she waited so long before
she began inquiring about the status of her case.
On appeal, complainant has argued that the AJ's decision was not correct,
however, we cannot reach such arguments as she has not offered an adequate
justification for an extension of the applicable time limit for filing
her appeal. Accordingly, complainant's March 11, 2008 appeal is hereby
dismissed. See 29 C.F.R. � 1614.403(c).
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
____8/20/09______________
Date
1 The record contains a February 13, 2008 letter to complainant's
representative from the AJ explaining that a final decision had been
issued by the agency in January 2007.
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0120081828
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120081828