01980535
03-02-1999
Lorenza M. Lopez, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Lorenza M. Lopez v. Department of the Army
01980535
March 2, 1999
Lorenza M. Lopez, )
Appellant, )
)
v. ) Appeal No. 01980535
) Agency No. EQTCFO9709H0690
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
)
DECISION
The appellant timely filed an appeal with this Commission from a final
decision, dated October 1, 1997, which the agency issued pursuant to EEOC
Regulation 29 C.F.R. �1614.107(b). The Commission accepts the appellant's
appeal in accordance with EEOC Order No. 960, as amended.
The final agency decision dismissed the appellant's complaint on the
ground that it was not timely filed within 15 calendar days after
the appellant's receipt of a Notice of Right to File a Discrimination
Complaint.
On appeal, the appellant contends that she promptly filed her complaint
upon receipt of the Notice. The appellant also states that it was
her understanding, as underlined by the EEO counselor in a memorandum
on the subject of the Aggrieved Person's Rights and Responsibilities,
that she had 45 days in which to file her complaint.
After a review of the record, the Commission finds that there is no
evidence in the record to support the appellant's contention that she
timely filed her discrimination complaint. On the contrary, the record
establishes that the appellant did not timely file her discrimination
complaint. The record demonstrates that the appellant received a Notice
of Right to File a Discrimination Complaint on March 17, 1997. The Notice
informed the appellant that she had the right to file a complaint of
discrimination within 15 calendar days of receipt of the Notice. However,
it appears that the appellant did not file the complaint until April 16,
1997, as evidenced by the date of her signature on the complaint.
The Aggrieved Person's Rights and Responsibilities memorandum informed
the appellant that she must contact an EEO counselor within 45 days of
the alleged discrimination. The memorandum also instructed the appellant
that the EEO counselor would inform her about the complaint procedures,
including how to file a complaint.
CONCLUSION
For the reasons stated above, the Commission AFFIRMS the agency's
dismissal of the appellant's April 16, 1997 complaint.
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:
Mar 2, 1999
______________
Date Ronnie Blumenthal, Director
Office of Federal Operations