Ciera B., Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

Feb 19, 2016

0120141303 (E.E.O.C. Feb. 19, 2016)

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

Ciera B.,
Complainant,

v.

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

Appeal No. 0120141303

Agency No. 4C-450-0157-13

DECISION

Upon review, the Commission finds that the Agency’s final decision dated February 3, 2014,
dismissing Complainant’s complaint due to untimely EEO Counselor contact is proper pursuant
to 29 C.F.R. § 1614.107(a)(2).

The Agency identified Complainant’s claim in her complaint dated December 26, 2013, as
whether she was discriminated against based on sex (female) when on June 29, 2013,
management harassed her, made her feel degraded, yelled at her, and told her that she was not
capable of learning the job. Complainant does not dispute the Agency’s framing of her claims as
identified above. EEOC Regulation 29 C.F.R. §1614.105(a)(1) requires that complaints of
discrimination be brought to the attention of the EEO Counselor within 45 days of the alleged
discriminatory event, or the effective date of an alleged discriminatory personnel action. The
Agency stated that Complainant contacted an EEO Counselor regarding the matter on September
23, 2013, which was beyond the 45-day time limit set by the regulations.

The EEO Counselor noted that after Complainant’s initial EEO contact and her submission of
Information for Pre-Complaint Counseling form, she did not make herself available to talk and
did not return the call for EEO counseling. The Agency indicated that an EEO poster, including
the requisite time limit to contact an EEO Counselor, was properly displayed at Complainant’s
facility at the time of the alleged incident. On appeal, Complainant does not present any
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.

0120141303

2
justification to warrant an extension of the applicable time limit for contacting an EEO
Counselor.

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

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0815)

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), 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, P.O. Box 77960, Washington, DC 20013. 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 (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.

0120141303

3

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

February 19, 2016
Date