Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Great Lakes Area), Agency.

Equal Employment Opportunity Commission

Jul 3, 2014

0120141563 (E.E.O.C. Jul. 3, 2014)

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

,
Complainant,

v.

Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.

Appeal No. 0120141563

Agency No. 4J-606-0167-13

DECISION
Complainant filed an appeal with this Commission from the Agency's decision dated February
12, 2014, dismissing her complaint of unlawful employment discrimination in violation of the
Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et
seq. For the following reasons, the Commission AFFIRMS the Agency’s final decision.

BACKGROUND
At the time of the events giving rise to this complaint, Complainant worked as a Lead Sales
and Service Associate at the Agency’s Harwood Heights facility in Chicago, Illinois. On
January 3, 2014, Complainant filed a formal complaint alleging that the Agency subjected her
to discrimination on the bases of age (59) and in reprisal for prior protected EEO activity when
since August 26, 2013, and ongoing:

1. She was not allowed to perform level 07 work as much as she believed she
should have been;

2. On a date not specified she was given a pre-disciplinary interview;

3. On a date not specified her pay was tampered with;

4. On dates not specified she was denied overtime opportunities;

5. On dates not specified she was harassed about FMLA; and

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6. On September 23, 2013, her access to Point of Service was not input by her
manager.

On December 13, 2013, a Notice of Right to File Individual Complaint was mailed by the
Agency to both Complainant and her attorney. As evidenced by a signature confirmation
request, the Notice of Right to File was received at the attorney’s address of record on
December 16, 2013, and was delivered to Complainant’s address of record on December 20,
2013. Subsequently, a formal complaint was submitted by Complainant and postmarked
January 3, 2014. The Agency dismissed the complaint for untimely filing, leading to the
instant appeal.

ANALYSIS AND FINDINGS
An agency is to dismiss a formal complaint that does not comply with the 15-day filing period.
See 29 C.F.R. §§ 1614.106(b), 1614.107(a)(2). When a complainant is represented by an
attorney, a formal complaint must be filed or postmarked within 15 calendar days of when the
attorney received the Notice of Right to File a Formal Complaint. See 29 C.F.R. §§
1614.604, 1614.605(d). The filing period begins the day after the attorney receives notice.
See 29 C.F.R. § 1614.604(d). The filing period is not affected by weekends or federal
holidays unless the last day of the period happens to fall on either one, triggering an extension
to the next business day.

See id.
Complainant’s Attorney received the Notice of Right to File Individual Complaint on
December 16, 2013. Although the notice indicated that Complainant had to file her formal
complaint within 15 calendar days of receiving the notice, the complaint was not filed until
January 3, 2014, which is beyond the filing period. In order to have complied with the filing
period, the formal complaint needed to be filed or postmarked by December 31, 2013, which
was a Tuesday and not a federal holiday. On appeal, Complainant has not offered adequate
justification to warrant an extension of the applicable time limit. See

29 C.F.R. §1614.604(c).
Thus, we find the Agency properly dismissed Complainant’s formal complaint due to untimely
filing.

CONCLUSION
Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED.
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STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION

(M0610)
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 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 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.

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RIGHT TO REQUEST COUNSEL

(Z0610)
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 from the Court that the Court appoint an attorney to represent you
and that the Court also 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
with the Court 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

Date
July 3, 2014