Ignacio Q. Miranda, Complainant,v.Richard J. Danzig, Secretary, Department of the Navy Agency.

Equal Employment Opportunity CommissionJul 14, 2000
01a02717 (E.E.O.C. Jul. 14, 2000)

01a02717

07-14-2000

Ignacio Q. Miranda, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy Agency.


Ignacio Q. Miranda v. Department of the Navy

01A02717

July 14, 2000

Ignacio Q. Miranda, )

Complainant, )

)

v. ) Appeal No. 01A02717

) Agency No. DON-00-61755-01-001

Richard J. Danzig, )

Secretary, )

Department of the Navy )

Agency. )

____________________________________)

DECISION

Upon review, the Commission finds that the above referenced complaint

was properly dismissed pursuant to 64 Fed. Reg. 37,644, 37,656 (1999)(to

be codified and hereinafter referred to as EEOC Regulation 29 C.F.R. �

1614.107(a)(2)), for untimely EEO Counselor contact.<1>

The record discloses that complainant was terminated from employment

on September 30, 1997, due to a reduction-in-force. Under the Priority

Placement Program, he received an offer of employment on October 14, 1997,

but declined it because it was too far from his home. Subsequently,

complainant received a letter from the agency, dated February 1, 1998,

wishing him a successful retirement, but he claims that he has never

received any retirement benefits or severance pay.

By letter of July 12, 1999, complainant wrote to this Commission

indicating that he felt that the above actions were the result of

discrimination due to his race, age, and disability. By letter dated

July 29, 1999, the Commission referred the matter to the agency's EEO

office who conducted EEO counseling. When counseling failed to address

the complainant's concerns, he filed the formal complaint that is the

subject of the instant appeal.

The Commission determines that the July 12, 1999 letter discussed above

constitutes the initial EEO Counselor contact in this matter. However,

complainant's contact is beyond the forty-five (45) day limitation

regarding any of the claims that he raised. Moreover, on appeal,

no persuasive arguments or evidence have been presented to warrant an

extension of the time limit for initiating EEO contact. Complainant

merely argues that he would not have had to engage in the EEO process

if the agency had offered him a job near his home. The complainant

does not argue that he did not know about the time limit for contacting

an EEO counselor, and does not offer any explanation as to why he did

not initiate the EEO process sooner. Accordingly, the agency's final

decision dismissing complainant's complaint is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0300)

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 64

Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred

to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter

referred to as 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).

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)

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:

July 14, 2000

________________________________

Date Carlton M. Hadden, Acting Director

Office of Federal Operations

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days of mailing. I certify that

the decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

_______________ __________________________

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 64 Fed. Reg. 37,644 (1999), where

applicable, in deciding the present appeal. The regulations, as amended,

may also be found at the Commission's website at www.eeoc.gov.