01993574
11-03-2000
Francis F. Keegan, Complainant, v. Norman Y. Mineta, Secretary, Department of Commerce, Agency.
Francis F. Keegan v. Department of Commerce
01993574
November 3, 2000
.
Francis F. Keegan,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Commerce,
Agency.
Appeal No. 01993574
Agency No. 98-63-10138
DECISION
Upon review, we find that the complaint was properly dismissed pursuant
to 29 C.F.R. �1614.107(a)(2), on the grounds that complainant failed to
contact an EEO Counselor in a timely manner. Complainant claimed that
he was discriminated against when he received no census population survey
assignments. Complainant raised this issue in response to information in
the report of investigation for a previous complaint that he had filed.
Complainant stated that the report of investigation indicated that
he was vulnerable to a layoff. According to the agency, complainant
received the report of investigation on April 7, 1997, and he requested
a hearing in the prior complaint on April 29, 1997. On September 10,
1998, complainant sought to amend the prior complaint to include the
issue set forth in the instant complaint. The EEOC Administrative Judge
remanded this issue to the agency. We find that complainant was aware of
the alleged discrimination when he received the report of investigation
in April 1997 and he did not raise the issue until September 1998, more
than 45 days after he learned of the alleged discrimination. Accordingly,
the agency decision dismissing this complaint on the grounds of failure
to contact an EEO Counselor in a timely manner was proper and is hereby
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
November 3, 2000
__________________
Date