Sandra J. Kramer, Complainant,v.Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionMar 17, 2003
01a21845_r (E.E.O.C. Mar. 17, 2003)

01a21845_r

03-17-2003

Sandra J. Kramer, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.


Sandra J. Kramer v. Department of the Navy

01A21845

March 17, 2003

.

Sandra J. Kramer,

Complainant,

v.

Hansford T. Johnson,

Acting Secretary,

Department of the Navy,

Agency.

Appeal No. 01A21845

Agency No. 02-68963-001

DECISION

Upon review, the Commission finds that the agency's decision dated January

11, 2002, dismissing complainant's complaint due to untimely EEO Counselor

contact is proper pursuant to 29 C.F.R. � 1614.107(a)(2). The agency

defined the complaint as alleging that complainant was discriminated

against based on religion (Assembly of God), sex (female), age (DOB:

5/10/49), disability, and in reprisal when she was harassed and abused

over a four-year period by the Director, Insensitive Munitions Program

Office, and was forced to accept a position 50 miles from her home,

thus endangering her health and safety. Complainant has not challenged

the agency's framing of the complaint. The record indicates that the

alleged incidents occurred from January 1997 through November 17, 2000,

which was complainant's last day of work at the agency. The record

indicates that complainant contacted an EEO Counselor with regard to

her complaint on August 28, 2001, which was beyond the 45-day time limit

set by the regulations.

On appeal, complainant contends that she was not able to contact an

EEO Counselor within the requisite time frame due to her physical

and mental conditions. The record indicates that from December

2000 through January 2001, complainant attended therapy sessions at

Pathfinder Health Services; and from January 2001 through March 2001,

she moved to more extensive therapy at North Arundel Hospital for a

partial hospitalization program. The record also indicates that on March

16, 2001, complainant was discharged from that partial hospitalization.

On appeal, complainant admits that in March 2001, after her discharge from

the hospitalization, she contacted her former representative and applied

for federal disability and Social Security disability. Complainant also

admits that from April 2001 to July 2001, she had constant contact with

Social Security until she was granted federal disability retirement

and Social Security disability benefits in August 2001. Based on the

foregoing information, the Commission finds that complainant fails to

show that she was so physically or emotionally incapacitated as to be

unable to make timely EEO Counselor contact after she was discharged

from her hospitalization on March 16, 2001.

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

March 17, 2003

__________________

Date