Aline A.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity Commission

Jul 25, 2018

0120181760 (E.E.O.C. Jul. 25, 2018)

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

Aline A.,1
Complainant,

v.

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

Appeal No. 0120181760

Agency No. 1K-271-0007-18

DECISION

Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from the Agency’s decision dated March 29, 2018, dismissing 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 the Age Discrimination in Employment Act of
1967 (ADEA), as amended, 29 U.S.C. § 621 et seq.

BACKGROUND

At the time of events giving rise to this complaint, Complainant worked as an Operations Support
Specialist, at the Agency’s Greensboro Processing and Distribution Center in Greensboro, North
Carolina. On March 14, 2018, Complainant filed a formal complaint alleging that the Agency
subjected her to discrimination on the bases of race (Caucasian), sex (female), color (White), and
age (54) when she received notification of her non-selection for the position of Network Specialist
on September 21, 2017.

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.
0120181760

2
The Agency dismissed Complainant’s complaint pursuant to 29 C.F.R. § 1614.107(a), for failure
to comply with the applicable time limits contained in 29 C.F.R. § 1614.105. The Agency stated
that Complainant failed to make initial contact with an EEO Counselor within 45 days of the date
of the matter alleged to be discriminatory.

ANALYSIS AND FINDINGS

Pursuant to the regulation at 29 C.F.R. § 1614.107(a)(2), an agency shall dismiss a complaint that
fails to comply with the applicable time limits contained in 29 C.F.R. §1614.105. An aggrieved
party must initiate contact with an EEO Counselor within 45 days of the date of the matter alleged
to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the
action. 29 C.F.R. § 1614.105(a)(1).

In the present case, we find the Agency properly dismissed Complainant’s complaint. The record
shows that the alleged discriminatory event occurred on September 21, 2017, when Complainant
received notification of the non-selection. Specifically, the record indicates that on September 21,
2017, the Manager of Transportation Networks emailed Complainant to inform her of her non-
selection. On that same day, Complainant replied to the email with a request to set up a time to
discuss the reasons for her non-selection. Although the meeting did not occur, Complainant was
fully aware of the fact that she was not selected for the position on September 21, 2017, as
evidenced by her email reply. Complainant did not initiate contact with an EEO Counselor until
November 29, 2017, which is beyond the forty-five (45) day limitation period. Complainant had
or should have had a reasonable suspicion of discrimination regarding her claim more than forty-
five (45) days prior to her initial contact with an EEO Counselor. On appeal, Complainant has
presented no persuasive arguments or evidence warranting an extension of the time limit for
initiating EEO Counselor contact.

CONCLUSION

Accordingly, the Agency’s final decision dismissing Complaint’s complaint is AFFIRMED.

0120181760

3
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.
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.
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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

July 25, 2018
Date