0120073050
09-07-2007
Judine E. Slaughter, Complainant, v. Mary E. Peters, Secretary, Department of Transportation, Agency.
Judine E. Slaughter,
Complainant,
v.
Mary E. Peters,
Secretary,
Department of Transportation,
Agency.
Appeal No. 0120073050
Agency No. DOT 2006-20595-FAA-02
DECISION
Complainant filed an appeal with this Commission from the May 25,
2007 agency decision dismissing her complaint pursuant to 29 C.F.R. �
1614.107(a)(2), for failure to contact an EEO Counselor in a timely
manner.
In her complaint, complainant alleged that the agency discriminated
against her on the basis of race (African-American) when: (1) on May
16, 2006, she became aware that her duties pertaining to the Automation
Exemption Systems (AES) were being reassigned to a GS-14 employee; and
(2) in April 2006, complainant received the results of a desk audit
which did not support an upgrade of her position.1
Complainant alleged that in November 2004, Person A became the Acting
Manager of the Program Analysis Staff and when she did so, she assumed
complainant's responsibilities of assisting secretaries with their
concerns, addressing questions from the public, and performing AES duties.
The record reveals that Person A served as the Acting Manager until
the end of March 2005. The record also reveals that the desk audit was
completed in January 2006. The record reveals that complainant initiated
contact with an EEO Counselor on June 13, 2006. The record reveals that
complainant should have known by the end of March 2005, about the alleged
reassignment of her AES duties and that she was aware in January 2006,
of the results of the audit. The Commission finds that complainant's
contact of an EEO Counselor was untimely because it occurred beyond the
45-day limitation period. Complainant has not provided justification
sufficient to extend the time limitation period.
Accordingly, the agency's decision dismissing complainant's complaint
is AFFIRMED.
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
September 7, 2007
__________________
Date
1 Complainant withdrew the claim that she was discriminated against
when on June 8, 2006, she became aware that a grade level 12 employee
served as a point-of-contact for a rule, and she had performed the duties
previously without any recognition.
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2
0120073050
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036