0520140245
10-23-2014
Complainant v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.
Complainant
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Request No. 0520140245
Appeal No. 0120132488
Agency No. 4G7000-111-12
DENIAL
Complainant requested reconsideration of the decision in EEOC Appeal No. 0120132488 (October 29, 2013). Pursuant to the Commission's regulations, a complainant's request must be filed within 30 days of the date he received the Commission's decision on appeal. 29 C.F.R. � 1614.405(c). The record reflects that the Commission's decision was issued on October 29, 2013, but Complainant did not file his request until March 13, 2014, past the 30-day time-limit.
In order to bypass the Commission's regulatory time-frame for filing a request for reconsideration, Complainant must demonstrate extenuating circumstances. 29 C.F.R.
� 1614.604(c); See Mills v. Sec. and Exch. Comm'n, Request No. 05A50826 (Aug. 3, 2005). Complainant argues that his untimely request should be accepted because he was under the care of his doctor and taking medication. While Complainant's medical condition may have been serious, he failed to show that he was incapacitated, and that such incapacity prevented him from filing in a timely manner. See Starkey v. Dep't of Veteran's Affairs, EEOC Request No. 05A60299 (Dec. 22, 2005) (citing Humphries v. U.S. Postal Serv., EEOC Appeal No. 01A20637 (Apr. 19, 2002)). Therefore, Complainant's request for reconsideration is DENIED. The decision in EEOC Appeal No. 0120132488 remains the Commission's final decision. There is no further right of administrative appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)
This decision of the Commission is final, and there is no further right of administrative appeal from the Commission's decision. 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.
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
October 23, 2014
Date
2
0520140245
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140245