01A11423_r
04-13-2001
Silas Lee, Jr., Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Silas Lee, Jr. v. Department of Veterans Affairs
01A11423
April 13, 2001
.
Silas Lee, Jr.,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A11423
Agency No. 200I-2591
DECISION
Complainant appealed to this Commission from the agency's November 21,
2000 decision to dismiss his employment discrimination complaint. In
his complaint, complainant alleged discrimination on the basis of race
(African-American) when:
On May 5, 2000, he received a memorandum concerning his �Discharge During
Probationary Period;� and
On May 19, 2000, complainant was terminated
The agency dismissed the complaint for untimely counselor contact,
finding that complainant failed to contact a counselor until July 11,
2000. The agency also explained that although the May 5, 2000 memorandum
included the wrong telephone number for the relevant EEO office, it did
not justify tolling the time limit because complainant also was provided
with the office's address.
Generally, claims of discrimination must be raised with an EEO
Counselor within forty-five days of their occurrence. See 29 C.F.R. �
1614.105(a)(1). The agency may dismiss complaints that fail to comply
with this time limit. See 29 C.F.R. � 1614.107(a)(2).
The record also reveals that complainant discussed his options with
an EEO Official on May 9, 2000, who instructed complainant to contact
a counselor if he wished to file a complaint. The official provided
complainant with the correct telephone number, mailing address, and
Internet address for the EEO Counselors. Despite this information,
complainant failed to contact the EEO office until July 11, 2000.
Complainant has not provided adequate justification for tolling the
time limitation. Accordingly, the agency's dismissal is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
April 13, 2001
__________________
Date