01A12957_r
06-11-2001
Jacqueline Y. Watts, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Jacqueline Y. Watts v. United States Postal Service
01A12957
June 11, 2001
.
Jacqueline Y. Watts,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A12957
Agency No. 1C-441-0173-97
DECISION
Upon review, the Commission finds that the agency's decision dated
February 28, 2001, dismissing complainant's complaint due to untimely
EEO Counselor contact is proper pursuant to 29 C.F.R. � 1614.107(a)(2).
In her complaint, complainant alleged that on January 30, 1997, she
was demoted to a part-time flexible distribution clerk at the John
O'Holly facility effective February 15, 1997. The record indicates that
complainant contacted an EEO Counselor with regard to her complaint
on April 29, 1997, which was beyond the 45-day time limit set by the
regulations.
The record indicates that on November 4, 1997, the agency previously
issued its decision dismissing the complaint due to untimely EEO Counselor
contact. Complainant appealed and in Appeal No. 01981144 (April 28,
1999), the Commission, previously, vacated the agency's decision and
remanded the case back to the agency for a supplemental investigation.
Specifically, the agency was ordered to provide in the record with the
evidence to show that EEO posters, including the requisite time limit
to contact an EEO Counselor, were posted at the agency's premises where
complainant worked at the time of the alleged discriminatory action.
In the instant case, the agency, in accordance with the Commission's
order, submits an affidavit from an employee confirming that EEO posters
containing the requisite time limit were on display at the place and time
of the alleged incident, i.e., the John O'Holly facility on February
15, 1997. Thus, complainant, despite her contentions otherwise, had
a constructive knowledge of the requisite time limit to contact an EEO
Counselor during the relevant time period. See Thompson v. Department
of the Army, EEOC Request 05910474 (September 12, 1991). Therefore, the
Commission finds that complainant fails to present adequate justification
to warrant an extension of the applicable time limit for contacting an
EEO Counselor.
Accordingly, the agency's decision is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
June 11, 2001
__________________
Date