0120110336
01-11-2011
Gislene D. Hickey, Complainant, v. Gary Locke, Secretary, Department of Commerce, (Bureau of the Census), Agency.
Gislene D. Hickey,
Complainant,
v.
Gary Locke,
Secretary,
Department of Commerce,
(Bureau of the Census),
Agency.
Appeal No. 0120110336
Agency No. 10-63-02140D
DECISION
Upon review, the Commission finds that the Agency's decision dated
September 14, 2010, dismissing Complainant's complaint due to untimely
filing of a formal complaint is proper pursuant to 29 C.F.R. �
1614.107(a)(2). The Agency's decision dismissing the complaint is
AFFIRMED.
BACKGROUND
The record indicates that Complainant, a former Clerk, contacted an EEO
Counselor concerning her complaint on April 28, 2010. Unable to resolve
the matter informally, Complainant received a Notice of Final Interview
and Notice of Right to File a Formal Complaint (FIN) on June 9, 2010.
Complainant filed her complaint, postmarked July 19, 2010, alleging that
she was discriminated against based on sex (female) and national origin
(Brazilian) when she was subjected to a hostile work environment from
November, 2008, to April 2010.
ANALYSIS AND FINDINGS
The record indicates that on June 9, 2010, Complainant, via FIN,
was clearly informed of the 15-day time limit to file her complaint.
However, Complainant did not file her formal complaint until July 19,
2010, which was beyond the limitation period. 29 C.F.R. � 1614.106(b).
On appeal, Complainant has not offered adequate justification to warrant
an extension of the time limit for filing the complaint.
Accordingly, the Agency's final decision is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 (S0610)
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 (Z0610)
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
1/11/11
__________________
Date
2
0120110336
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013