01a33953
12-06-2004
Joann Fisher, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Joann Fisher v. Department of the Treasury
01A33953
12-06-04
.
Joann Fisher,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A33953
Agency No. 954125R
DECISION
On May 20, 2003, Joann Fisher (complainant) filed documents with the
Commission, which appeared to be an appeal from the agency's final
decision dated March 22, 2000, finding no discrimination with regard to
her claim of unlawful employment discrimination in violation of Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.
Complainant claimed discrimination based on race/color (black), sex,
and in reprisal for prior EEO activity alleging harassment and sexual
harassment.<1>
In its final decision, the agency properly advised complainant that
an appeal to the Commission must be filed within thirty (30) calendar
days after receipt of its final decision. To be considered timely,
complainant had to file her appeal no later than 30 days after her receipt
of the agency's final decision or provide an explanation that may allow
extension of the time limitations period. See 29 C.F.R. � 1614.604(c).
Complainant has not offered any justification for an extension of the
applicable time limit for filing her appeal; no other documents have
been filed by complainant explaining her intention, and there is no
indication that she served her documents on the agency.<2>
For these reasons and to the extent that the complainant's submission
in May 2003, constituted an appeal from the agency's final decision of
March 22, 2000, we find that this appeal is untimely filed. 29 C.F.R. �
1614.402(a).
CONCLUSION
Accordingly, complainant's appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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
_____12-06-04_____________
Date
1The agency's decision in this matter followed a remand of her complaint
to the agency. See EEOC Appeal No. 01970706 (September 3, 1997).
We note that the associated compliance number, Compliance No. 06971976,
was closed on July 22, 1999.
2For purposes of analysis, we assume that complainant received the
agency's final decision at her residence within a reasonable time or
within approximately five days of mailing. We note that the address
to which the agency's final decision was sent is the same address from
which the documents considered herein were mailed.