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.