Fairy Armstrong, Complainant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionOct 20, 2000
05991142 (E.E.O.C. Oct. 20, 2000)

05991142

10-20-2000

Fairy Armstrong, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.


Fairy Armstrong v. Department of the Army

05991142

October 20, 2000

.

Fairy Armstrong,

Complainant,

v.

Louis Caldera,

Secretary,

Department of the Army,

Agency.

Request No. 05991142

Appeal No. 01962844

Agency Nos. 93-12-0015; 94-01-0035

Hearing Nos. 106-94-7582X;

-7736X

DISMISSAL OF REQUEST FOR RECONSIDERATION

By letter postmarked March 1, 1999, complainant initiated a request

to the Equal Employment Opportunity Commission (EEOC or Commission) to

reconsider the decision in Fairy Armstrong v. Department of the Army,

EEOC Appeal No. 01962844 (June 5, 1998).<1>

A copy of the certified mail return receipt card reveals that the

decision was received at complainant's address of record on June 9, 1998.

A review of the decision reveals that the Commission properly advised

complainant that she had thirty (30) calendar days after receipt of its

decision to file her request for reconsideration with the Commission.

Therefore, in order to be considered timely, complainant had to file

her request no later than August 7, 1998. Complainant has not offered

adequate justification for an extension of the applicable time limit for

filing her request. Accordingly, complainant's March 1, 1999 request

for reconsideration is hereby DISMISSED. See 29 C.F.R. � 1614.405(b).

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

October 20, 2000

Date

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply

to all federal sector EEO complaints pending at any stage in the

administrative process. Consequently, the Commission will apply

the revised regulations found at 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.