01a04283_01A10901
12-30-2002
Patricia Jean Mills, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Patricia Jean Mills v. Department of the Navy
01A10901; 01A04283
12-30-02
.
Patricia Jean Mills,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Appeal Nos. 01A10901; 01A04283
Agency Nos. 00-67001-NO5; 00-67001-006P
DECISION
Patricia Jean Mills (hereinafter referred to as complainant) filed
a timely appeal from the September 25, 2000, final decision of the
Department of the Navy (hereinafter referred to as the agency) concerning
a complaint 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.
The appeal is timely filed (see 29 C.F.R. � 1614.402(a)) and is accepted
in accordance with 29 C.F.R. � 1614.405.
The issue presented in this appeal is whether the agency properly
dismissed complainant's formal complaint for untimely EEO contact
and untimely filing of her formal complaint on September 15, 2000.
Complainant initially filed a formal complaint on January 21, 2000,
alleging discrimination based on race (black) when she was reassigned to
another position. The complaint was processed through the agency's Pilot
EEO Dispute Resolution Program, and, when settlement was not possible,
the agency issued a final decision (FAD I) on May 10, 2000, finding no
discrimination. Complainant filed a timely appeal, which was docketed as
EEOC Appeal No. 01A04283. In June 2000, however, the Commission found
that the Pilot Program did not comport with its regulations, in that,
complainants were not afforded a right to request a hearing, and ordered
that the agency immediately suspend it. Phillips v. Department of the
Navy, EEOC Appeal No. 01992787 (June 8, 2000); Littlejohn v. Department
of the Navy, EEOC Appeal No. 01A01596 (June 8, 2000).
In accord with that determination, by letter dated August 9, 2000, the
agency informed complainant that FAD I was canceled and provided her the
right to file a formal complaint within 15 days if she wished to pursue
her matter. The record shows that complainant received this letter on
August 12, 2000, and filed a formal complaint on September 15, 2000.
On September 25, 2000, the agency issued a final agency decision (FAD
II), dismissing the September 15, 2000, complaint as untimely filed.
The agency's letter dated August 9, 2000, provided complainant specific
instructions where and how to file her formal complaint and whom to
contact if she had further questions. Complainant acknowledged the
tardiness in filing her formal complaint and explained that she attempted
to contact a person not identified in the letter, who advised her to
follow the instructions in the letter.
We find that the agency properly dismissed complainant's complaint
as untimely filed.<1> 29 C.F.R. � 1614.107(a)(2). Following the
Commission's direction, the agency informed complainant of her right
to file a formal complaint within fifteen days, along with specific
filing instructions. Complainant has not offered any justifiable reason
for extension of the time period within which to file her complaint.
29 C.F.R. � 1614.604(c). She was given full instructions to file her
complaint and whom to contact for further information, and she did not
comply with the time requirements to file her complaint.
CONCLUSION
Accordingly, the agency's decision was proper and is AFFIRMED.<2>
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
___12-30-02_______________
Date
1Because we find that the agency properly dismissed complainant's
formal complaint for untimely filing, we need not address whether her
EEO contact was untimely.
2Complainant's appeal filed in May 2000, docketed as EEOC Appeal
No. 01A04283, is closed, having been withdrawn by the agency.