Dorothy M. Shaw, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJan 15, 2009
0120090185 (E.E.O.C. Jan. 15, 2009)

0120090185

01-15-2009

Dorothy M. Shaw, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Dorothy M. Shaw,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 0120090185

Agency No. 1A102005608

DECISION

Complainant filed a timely appeal with this Commission from the agency's

decision dated September 11, 2008, 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., Section

501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,

29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act

of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq. 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 her complaint, complainant alleged that she was subjected

to discrimination on the bases of race (African-American), disability,

and age (77) when the Office of Worker's Compensation Programs (OWCP)

denied her request for a hearing/appeal; in 1991 she was denied disability

insurance; in 1989 she was assigned to a conveyer belt; in 1989 she was

denied a transfer; in 1981 and 1985 she was denied promotions; in 1987

she was denied unemployment benefits.

The record discloses that the last alleged discriminatory event occurred

on November 13, 2007, but complainant did not initiate contact with

an EEO Counselor until June 25, 2008, which is beyond the forty-five

(45) day limitation period. On appeal, complainant has presented no

persuasive arguments or evidence warranting an extension of the time

limit for initiating EEO Counselor contact.

Additionally, the Commission notes that much of complainant's concerns

have to do with her OWCP claims and payments. The Commission has held that

an employee cannot use the EEO complaint process to lodge a collateral

attack on another proceeding. See Wills v. Department 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 25, 1993).

The proper forum for complainant to have raised her challenges to actions

which occurred within the OWCP process is within that proceeding itself.

The EEOC does not have jurisdiction over OWCP matters. Likewise the

Commission does not have jurisdiction over the payments of other benefits

which complainant appears to be questioning.

Accordingly, the agency's final decision dismissing complainant's

complaint is affirmed.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M1208)

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 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 (S0408)

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 (Z1008)

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

January 15, 2009

__________________

Date

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0120090185

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0120090185