Jacqueline H. Holland, Appellant,v.Carol M. Browner, Administrator, Environmental Protection Agency) Agency.

Equal Employment Opportunity CommissionSep 9, 1999
01982783_r (E.E.O.C. Sep. 9, 1999)

01982783_r

09-09-1999

Jacqueline H. Holland, Appellant, v. Carol M. Browner, Administrator, Environmental Protection Agency) Agency.


Jacqueline H. Holland, )

Appellant, )

)

v. ) Appeal No. 01982783

) Agency No. 96-0058-HQ

Carol M. Browner, )

Administrator, )

Environmental Protection Agency)

Agency. )

)

DECISION

Upon review, we find that allegation 1 of appellant's complaint was

properly dismissed pursuant to 29 C.F.R. �1614.107(b), on the grounds

that appellant failed to contact an EEO Counselor in a timely manner.

In allegation one, appellant alleged that over a fifteen-year period

(October 1980 through October 1995), she was told by her supervisor at

each end-of-year performance discussion that she was going to be put in

for a promotion. Appellant stated that nothing happened and when she

asked about it, she received various responses as to why she could not

be promoted.

Appellant did not initiate contact with an EEO Counselor until on or

about July 17, 1996, more than 45 days after the most recent non-promotion

incident of October 1995. An allegation accepted for processing was that

on July 15, 1996, appellant learned that her supervisor sent promotion

paperwork to Personnel that promoted her to a non-existent title

(Clerk/Typist, GS-5) in order to further delay her promotion to a GS-5

level position. Although appellant alleges on appeal that the accepted

allegation and allegation 1 reflect a continuing violation, we find that

these incidents do not satisfy the criteria of a continuing violation.

With regard to allegation 1, we find that the promotion denials were

discrete events with a degree of permanence that should have triggered

appellant's suspicion of discrimination and hence her duty to contact

an EEO Counselor. In particular, the failure to promote appellant

over such a lengthy period as fifteen years clearly should have caused

appellant to develop a reasonable suspicion of discrimination prior

to 1996. Accordingly, the final agency decision dismissing allegation

1 of appellant's complaint on the grounds of untimely EEO contact is

hereby AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0795)

The Commission may, in its discretion, reconsider the decision in this

case if the appellant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. New and material evidence is available that was not readily available

when the previous decision was issued; or

2. The previous decision involved an erroneous interpretation of law,

regulation or material fact, or misapplication of established policy; or

3. The decision is of such exceptional nature as to have substantial

precedential implications.

Requests to reconsider, with supporting arguments or evidence, MUST

BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this

decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive

a timely request to reconsider filed by another party. Any argument in

opposition to the request to reconsider or cross request to reconsider

MUST be submitted to the Commission and to the requesting party

WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request

to reconsider. See 29 C.F.R. �1614.407. All requests and arguments

must bear proof of postmark and 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 filed on the date it is received

by the Commission.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely. If extenuating circumstances

have prevented the timely filing of a request for reconsideration,

a written statement setting forth the circumstances which caused the

delay and 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).

RIGHT TO FILE A CIVIL ACTION (S0993)

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

Sept. 9, 1999

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations