01a52462
05-20-2005
Dennis L. Johnson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Western Area), Agency.
Dennis L. Johnson v. United States Postal Service
01A52462
May 20, 2005
.
Dennis L. Johnson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Western Area),
Agency.
Appeal No. 01A52462
Agency No. 4E-590-0025-04
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely
EEO Counselor contact. In his complaint, complainant alleged that he
was subjected to discrimination on the basis of sex (male), in violation
of Title VII of the Civil Rights Act of 1964 (Title VII), as amended,
42 U.S.C. � 2000e et seq., and on the basis of age (D.O.B. 2/21/50), in
violation of the Age Discrimination in Employment Act of 1967 (ADEA),
as amended, 29 U.S.C. � 621 et seq., when, on April 14, 2004, he was
terminated during probation as a result of a hostile work environment
and having received improper training.
The record discloses that the alleged discriminatory event occurred on
April 14, 2004, and became effective on May 7, 2004, but complainant
did not initiate contact with an EEO Counselor until November 8, 2004,
which is beyond the forty-five (45) day limitation period. On appeal,
complainant addresses his untimely EEO Counselor contact, stating �I
may not have followed the prescribed procedures.� Complainant asks
nevertheless, that the Commission not �rule against [him] for [his]
lack of knowledge in the proper procedures.� We note, however, that
complainant does not dispute the agency's finding in its final decision,
that �EEO processing procedures are included in new-hire training and the
record reveals that a poster explaining how to present an EEO problem
was posted in [the] work facility, with contact name and phone number
to the District EEO office.� FAD, at 2.<0> We find that complainant has
presented no persuasive arguments or evidence warranting an extension of
the time limit for initiating EEO Counselor contact. Accordingly, the
agency's final decision dismissing complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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), 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 19848,
Washington, D.C. 20036. 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 (S0900)
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 (Z1199)
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 that the Court appoint
an attorney to represent you and that the Court 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 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:
May 20, 2005
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations
0 1We note that by letter to the Commission
dated April 4, 2005, complainant indicates that the EEO training he
received was brief, as it was only one small part of his brief orientation
training for his job. Additionally, complainant contends that the
bulletin board where the EEO poster was posted is �4 feet high and
approximately 50 feet long and covered with all sorts of information.�