01991368
09-10-1999
Vincent Sanudo Appellant, v. Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.
Vincent Sanudo v. Social Security Administration
01991368
September 10, 1999
Vincent Sanudo )
Appellant, )
) Appeal No. 01991368
v. ) Agency No. 98-0403-SSA
)
Kenneth S. Apfel, )
Commissioner, )
Social Security )
Administration, )
Agency. )
)
DECISION
The agency issued a final agency decision (FAD) concerning appellant's
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 Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. �
621 et seq. and � 501 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. � 791 et seq. In his complaint, appellant alleged discrimination
on the bases of age (50), national origin (Hispanic), physical disability
(hypertension), sex (male), and in reprisal for prior EEO activity.
Appellant raised twelve (12) alleged discriminatory acts in his complaint.
On May 15, 1998, the agency issued the FAD in which it dismissed nine (9)
allegations, pursuant to 29 C.F.R. �1614.107(a), and accepted three (3)
allegations for investigation. Appellant filed an appeal of the FAD on
June 17, 1998. On December 2, 1998, the agency wrote appellant to inform
him that the processing of the accepted issues would be held in abeyance
until the Commission renders a decision on the dismissed allegations.
The agency also informed appellant that he may appeal this decision to
hold the complaint in abeyance to the Commission. This appeal followed.
On December 7, 1998, appellant filed an appeal of the abeyance asking
the Commission to order the agency to continue processing the accepted
portion of his complaint.
The Commission finds that this appeal concerns the agency's decision
to hold the accepted allegations in abeyance until we have issued a
decision on Appeal No. 01985150 regarding the dismissed allegations.
We find that the agency did not act improperly. See Chavez v. Department
of the Air Force, EEOC Request No. 05910839, (January 31, 1992) (finding
that the agency's holding of appellant's allegations in abeyance was not
improper). Therefore, we find that the agency shall hold appellant's
accepted allegations in abeyance pending final action on the appeal of
appellant's dismissed allegations.
CONCLUSION
Accordingly, the decision of the agency was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. � 1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Sept. 10, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations