Alda F.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.

Equal Employment Opportunity Commission

Jan 8, 2020

Appeal No. 2020000595 (E.E.O.C. Jan. 8, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Alda F.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Western Area),
Agency.

Appeal No. 2020000595

Agency No. 4F-900-0224-19

DECISION

Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from an Agency decision, dated September 18, 2019, pertaining to her
complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq., and Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq. The
Commission accepts the appeal in accordance with 29 C.F.R. § 1614.405.

BACKGROUND

During the relevant time, Complainant worked as a City Carrier at an Agency facility in West
Hollywood, California.

On May 14, 2019, Complainant contacted an Agency EEO Counselor claiming:

that on December 18, 2016 she was sexually assaulted by a union steward and
from that time until October 5, 2018,2 she was subjected to harsh retaliation from
the union and staff resulting in a mental disability.

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.

2 The record indicates that Complainant has been absent from work since October 5, 2018.
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Informal efforts to resolve Complainant’s concerns were unsuccessful.

On August 22, 2019, Complainant filed the instant formal complaint based on race, national
origin, religion, color, disability, and in reprisal for prior protected EEO activity.

In its September 18, 2019 decision, the Agency dismissed the formal complaint for untimely
EEO Counselor contact. The Agency determined that Complainant’s initial EEO contact was
more than 200 days after her last day at work and approximately three years after the alleged
sexual assault. Further, the Agency noted that EEO posters, describing the forty-five day time
limit, were on display.

Alternatively, the Agency reasoned that although Complainant “did not expand on [her]
allegation of ‘retaliation from union and staff members”, she is essentially raising the same
issues as in an earlier complaint filed on July 23, 2018 (Case No. 4F-900-0196-18).

Finally, with respect to Complainant’s claims for compensation for injuries, the Agency directed
Complainant to the Department of Labor, Office of Workers’ Compensation Programs (OWCP)
process.

Complainant filed the instant appeal. In her appeal statement, Complainant describes, without
providing details, having filed an EEO complaint in April 2016. The document also describes
“sustaining an on the job injury” in December 2016 and receiving assistance from a union
steward in signing up for a health benefit plan. Months later, in February 2016, the same union
steward assisted her in filling out FMLA forms related to her pregnancy. In November 2017, she
was informed that she had excessive LWOP hours, because she had used all FMLA.
Subsequently, she was disciplined. In closing, Complainant explains that she was never paid for
sick leave during the birth of her child and “[a]nother dispute was dismissed via the EEO process
when she was placed on Emergency leave . . . in June 2018.”

ANALYSIS AND FINDINGS

EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires that complaints of discrimination should
be brought to the attention of the Equal Employment Opportunity Counselor within forty-five
(45) days of the date of the matter alleged to be discriminatory or, in the case of a personnel
action, within forty-five (45) days of the effective date of the action.

EEOC regulations provide that the agency or the Commission shall extend the time limits when
the individual shows that she was not notified of the time limits and was not otherwise aware of
them, that she did not know and reasonably should not have known that the discriminatory
matter or personnel action occurred, that despite due diligence she was prevented by
circumstances beyond her control from contacting the Counselor within the time limits, or for
other reasons considered sufficient by the agency or the Commission.

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In the instant case, notwithstanding the severity of Complainant’s allegations, the record shows
that Complainant’s May 14, 2019 initial EEO Counselor contact was well beyond the time
limitation. She has not provided any reason for the lengthy delay. On appeal, she does not even
reference the sexual assault incident or subsequent retaliation. Therefore, we find that the
Agency’s final decision to dismiss the complaint formal for untimely EEO Counselor contact
was proper. In light of our disposition, we find it unnecessary to address alternative dismissal
grounds.

CONCLUSION

Accordingly, the Agency’s final decision dismissing the instant formal complaint for the reason
discussed above is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party
shall have twenty (20) calendar days of receipt of another party’s timely request for
reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405;
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110),
at Chap. 9 § VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the
Director, Office of Federal Operations, Equal Employment Opportunity Commission.
Complainant’s request may be submitted via regular mail to P.O. Box 77960, Washington, DC
20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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
agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO Portal
(FedSEP). See 29 C.F.R. § 1614.403(g). The request or opposition must also include proof of
service on the other party.

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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 (S0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission. The
court has the sole discretion to grant or deny these types of requests. Such requests do not alter
the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to
File a Civil Action for the specific time limits).
FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

January 8, 2020
Date