01a53001
07-12-2005
Maria A. Hungate, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Maria A. Hungate v. Department of the Navy
01A53001
July 12, 2005
.
Maria A. Hungate,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01A53001
Agency No. 05-65888-00144
DECISION
Complainant appeals to the Commission from the agency's February 1, 2005
decision dismissing her complaint. Complainant alleges discrimination
on the basis of disability when, from July 2001 to May 2004, she suffered
discriminatory harassment on the job. Complainant alleges the following
specific instances of harassment:
In July 2001, she was injured in a fall at work, but her supervisor
delayed in submitting injury compensation paperwork. This caused her
delays and problems in receiving medical treatment and compensation;
Between December 2001 and May 2004, her supervisor required her to use
leave in order to be compensated for time she missed from work due to
work-related injuries;
In January 2002, her supervisor summoned her to a meeting and criticized
her performance of her duties in front of a customer she was assigned
to service;
In April 2002, shortly after she returned to work after surgery on her
hand, her supervisor ridiculed her by making a derogatory remark about
her injury;
In April 2002, about a week after the incident above, a relief supervisor
ridiculed her by making a derogatory remark about her injury;
From late 2002 until May 2004, her supervisor criticized her for failing
to abide by the restrictions prescribed by her physician. Although her
work hours had been limited due to her injury, her supervisor demanded
that she perform as much work as a full-time employee;
In June 2003, when she spoke to her supervisor about problems caused by
her injuries, her supervisor answered, �I don't have time to watch you
like a child�;
In December 2003, all employees were invited to attend a meeting to hear
an address by an important government official. However, her supervisor
would not let her attend the meeting;
In late 2003 or possibly early 2004, her supervisor issued her a written
reprimand; and,
In April 2004, her supervisor overheard her speaking Spanish with a
Spanish-speaking coworker. Her supervisor was angry and ordered her to
speak only English in the workplace.
The agency dismissed complainant's complaint for untimely EEO Counselor
contact pursuant to 29 C.F.R. � 1614.107(a)(2).
Complainant does not challenge the framing of the complaint, and she is
not challenging her August 8, 2004 removal, in the instant complaint.
Complainant argues, on appeal, that she �did [her] part, but the
supervisors did not follow through.� Specifically, complainant has
submitted documentation indicating that on September 27, 2004, she sent
(by facsimile and mail) a written complaint of discrimination to the
Washington, DC, Field Office of the EEOC. The record indicates that on
October 26, 2004, complainant sent (by facsimile) a copy of the September
27, 2004 complaint to the agency's Human Resources Office. In the final
agency decision, the agency found that complainant initiated EEO Counselor
contact on October 26, 2004. Assuming arguendo that complainant initiated
EEO Counselor contact on September 27, 2004, complainant's contact is
nonetheless beyond the 45-day limitation period. Complainant has failed
to present adequate justification to warrant extension of the applicable
limitation period.
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
July 12, 2005
__________________
Date