01A14499_r
03-20-2002
Karen D. Burns, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Karen D. Burns v. Department of Veterans Affairs
01A14499
March 20, 2002
.
Karen D. Burns,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A14499
Agency No. 200H-1989
DECISION
Upon review, the Commission finds that the agency's June 28, 2001 decision
dismissing complainant's complaint was proper. In her complaint dated
April 5, 2001, complainant claims that she was discriminated against on
the bases of race (Black) and in retaliation for prior EEO activity when:
On June 28, 2000, the Director of Nursing and Nurse Manager told lies
to cover up their actions regarding complainant's time and attendance,
claiming that a written warning was not issued, claiming that complainant
was not placed on medical certification, and claiming that complainant
had volunteered to bring in a physician's note on June 6, 2000;
On June 6, 2000, the Acting Nurse Manager enforced the medical
certification that complainant had been put on, although it had been
rescinded;
On May 9, 2000, Nursing Management placed complainant on medical
certification based on a falsified attendance record;
On April 5, 2000, Nursing Management falsified complainant's time and
attendance records from October 1, 1999 through March 31, 2000; and
On April 5, 2000, Nursing Management issued complainant a written
warning regarding attendance.
In its decision, the agency dismissed claim 1 for failure to state a
claim, pursuant to 29 C.F.R. � 1614.107(a)(1), and dismissed claims 2
through 5 for untimely EEO Counselor contact, pursuant to 29 C.F.R. �
1614.107(a)(2). The Commission finds that claim 1 was properly dismissed
for failure to state a claim and claims 2 - 5 were properly dismissed
for untimely EEO Counselor contact. Complainant was not aggrieved by
the incident in claim 1. The Commission finds that claims 2 - 5 were
not raised with an EEO Counselor until August 10, 2000, which is beyond
the 45 day limitation period set forth in 29 C.F.R. � 1614.105(a)(1).
The agency's final decision to dismiss complainant's complaint 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 20, 2002
__________________
Date