01a22567_r
07-05-2002
Marie Vaughn-Walker, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Marie Vaughn-Walker v. Department of Veterans Affairs
01A22567
July 5, 2002
.
Marie Vaughn-Walker,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A22567
Agency No. 2004-0590-2001300182
DECISION
Upon review, the Commission finds that the agency's decision dated
February 26, 2002, dismissing complainant's complaint due to untimely
EEO Counselor contact is proper pursuant to 29 C.F.R. � 1614.107(a)(2).
In her complaint, complainant alleged that she was denied advance sick
leave, which was requested on June 28, 2000. The record indicates that
complainant contacted an EEO Counselor with regard to her complaint
on August 27, 2001, which was beyond the 45-day time limit set by the
regulations. Complainant indicated that she became aware of the alleged
discrimination on August 10, 2001, when she received an investigative
file which contained a false statement made by a Medical Center Director
concerning her not having enough accrued sick leave considering her length
of employment. The record indicates that the Director was one of the
agency officials who denied the alleged leave request. After a review
of the record, the Commission is not persuaded by complainant's argument
that the Director's statement, i.e., her not having enough accrued sick
leave, was a triggering factor for her to become aware of the alleged
discrimination which occurred a year ago. Furthermore, considering the
fact that complainant previously filed a number of complaints, including
the one filed on June 8, 2000, involving a hostile work environment,
the Commission finds that she knew or reasonably should have suspected
discrimination at or around the time when her request was denied.
On appeal, complainant does not provide any explanation as to why
she did not know or reasonably should not have suspected the alleged
discrimination at or around the time thereof.
Accordingly, the agency's decision 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 5, 2002
__________________
Date