01A14368_r
07-18-2002
Horace B. Henderson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Horace B. Henderson v. United States Postal Service
01A14368
July 18, 2002
.
Horace B. Henderson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A14368
Agency No. 1K-201-0002-01
Hearing No. 100-A2-7234X<1>
DECISION
Complainant appealed to this Commission from the agency's May 25, 2001
dismissal of his employment discrimination complaint. In his complaint,
complainant alleged discrimination on the basis of race (African-American)
when on May 15, 1995, his suggestion to handle return to sender and
loop mail on the OCR ISS machine was put in the suggestion system,
and during May 2000, several White employees were compensated for the
suggestion's implementation.
The agency dismissed the complaint for untimely counselor contact,
finding that the alleged discriminatory event occurred on May 15,
1995, but complainant failed to contact an EEO Counselor until June
16, 2000. On appeal, complainant argues that he made the suggestion in
1995, received a $250.00 award, but received nothing further when the
suggestion was implemented nationwide. Complainant contends that he
should receive additional compensation for the nationwide implementation
of his suggestion. Complainant admits that a new software program was
installed in November 1999, that followed his suggestion. Complainant
further points to a February 2000 memorandum implementing his suggestion
as a standard operating procedure.
Complainant must raise claims of discrimination within forty-five (45)
days of their occurrence. See 29 C.F.R. � 1614.105(a)(1). The agency
may dismiss claims that fail to comply with this time limit. See 29
C.F.R. � 1614.107(a)(2).
Even assuming that complainant had no reason to file an EEO complaint
until he learned that the suggestion had been implemented nationwide,
complainant was aware of the nationwide implementation in November 1999,
when the new software program was installed. He failed to contact
an EEO Counselor until June 2000, more than forty-five days after he
acquired this knowledge. Accordingly, the agency's dismissal 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
July 18, 2002
__________________
Date
1The agency dismissed complainant's
complaint prior to his request for a hearing. As a result, the EEOC
Administrative Judge remanded the case to the agency.