0120182490
09-20-2018
Christal G,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Christal G,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southern Area),
Agency.
Appeal No. 0120182490
Agency No. 4G-770-0043-18
DECISION
Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated June 11, 20182, 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.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Non-Career, City Carrier Assistant (CCA) at an Agency facility in Seabrook, Texas. Complainant was within her first year of Agency employment. On December 3, 2017, Complainant initiated EEO contact alleging that the Agency discriminated against her on the bases of race (African-American) and sex (female) when, on September 18, 2017, it forced her to resign.3 On March 24, 2018, Complainant filed a formal complaint alleging that the Agency discriminated against her based on race and sex when:
1. on September 8, 2017, Complainant was not allowed to return to work and was not granted light duty assignments,
2. on September 18, 2017, Complainant was forced to resign from her CCA position,
3. on unspecified dates, prior to Complainant's resignation, Complainant was not afforded the opportunity to become a career employee, and
4. on unspecified dates, prior to Complainant's resignation, Complainant was injured on the job and did not receive compensation.
In a decision dated June 11, 2018, the Agency dismissed Complainant's complaint pursuant to 29 C.F.R. � 1614.107(a) for untimely EEO contact and failure to state a claim. The Agency stated that the incidents Complainant alleged are discrete acts, for which the statutory timeframe for EEO contact is within 45 days from the alleged act. It noted that Complainant was apprised of the EEO time limits, and it provided a signed affidavit from the Seabrook Postmaster stating, since 2012, an EEO poster (containing contact information and deadlines) has been on the workroom bulletin board near the time clock. Further, the Agency stated that incident (4) was a collateral attack on the Office of Workers' Compensation Programs. Also, the Agency found that incidents (3) and (4) were not raised with an EEO Counselor prior to the formal complaint and were not like or related to incidents that were raised. The instant appeal from Complainant followed, with no supporting statement.
ANALYSIS AND FINDINGS
The record discloses that the most recent alleged discriminatory event occurred on September 18, 2017, but Complainant did not initiate contact with an EEO Counselor until December 3, 2017, which is beyond the forty-five (45) day limitation period. See 29 C.F.R. �� 1614.105 & 1614.107(a)(2). On appeal, Complainant has presented no persuasive arguments or evidence warranting an extension of the time limit for initiating EEO Counselor contact.
Further, we find dismissal of incident (4) appropriate pursuant to 29 C.F.R. � 1614.107(a)(1) - failure to state a claim. Dismissal of an EEO complaint is appropriate where the complainant is attempting to lodge a collateral attack on another proceeding. See Wills v. Dep't of Defense, EEOC Request No. 05970596 (July 30, 1998); Kleinman v. United States Postal Service, EEOC Request No. 05940585 (September 22, 1994); Lingad v. United States Postal Service, EEOC Request No. 05930106 (June 24, 1993).
CONCLUSION
We AFFIRM the final agency decision dismissing Complainant's complaint.
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.
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 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
September 20, 2018
__________________
Date
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 Agency rescinded its original dismissal letter, dated April 13, 2018, citing an incorrect address for Complainant.
3 The record contains a Resignation from the Postal Service form, with an effective date of September 18, 2017, signed by Complainant and citing "health reasons-self."
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