0520110311
07-22-2011
Ernestine S. Boswell, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southeast Area), Agency.
Ernestine S. Boswell,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southeast Area),
Agency.
Request No. 05-2011-0311
Appeal No. 0120103712
Agency No. 1H374002410
DENIAL
Complainant timely requested that the Commission reconsider its decision
in Ernestine S. Boswell v. U.S. Postal Serv., EEOC Appeal No. 0120103712
(Feb. 3, 2011) (Boswell I). EEOC Regulations provide that the Commission
may, in its discretion, grant a request to reconsider any previous
Commission decision where the requesting party demonstrates 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. See 29 C.F.R. § 1614.405(b). For the reasons that follow,
Complainant’s request is DENIED.
In Boswell I, the Commission found, in relevant part, that the Agency
properly dismissed Complainant’s formal complaint of discrimination
because Complainant failed to bring the matter to the attention of an
EEO counselor within 45 days as required by our regulations. See EEOC
Regulation § 1614.105(a)(1). Specifically, we found that Complainant
reasonably suspected discrimination on the date she was allegedly forced
out of her bid position, that is, March 22, 2010. We then found that
the date on which Complainant contacted an EEO counselor, May 13, 2010,
was beyond the 45th day of the alleged discriminatory event and therefore
untimely.
In her request for reconsideration, Complainant contends that the Agency
is to blame for the timeliness issue because it would not let her see
her representative. However, she provides no evidence to support this
notion. There is nothing in the record to support a finding that the
Agency prevented Complainant from seeing her representative or otherwise
stood in the way of Complainant’s right to contact an EEO counselor
and her responsibility to do so within 45 days.
After reconsidering the previous decision and the entire record,
the Commission finds that the request fails to meet the criteria of
29 C.F.R. § 1614.405(b), and it is the decision of the Commission to
DENY the request. The decision in EEOC Appeal No. 0120103712 remains
the Commission's 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
July 22, 2011
Date
2
05-2011-0311
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013