01a01323etal
05-09-2000
Janice Vinson, Complainant, v. 01A01331, 01A01332 William J. Henderson, Postmaster General, 4G-770-0196-99 United States Postal Service, 4G-770-0197-99, 4G-770-0198-99 Agency.
Janice Vinson, ) Appeal Nos. 01A01323, 01A01324
Complainant, ) 01A01325, 01A01326
) 01A01327, 01A01328
v. ) 01A01329, 01A01330
)
01A01331, 01A01332
William J. Henderson, )
Postmaster General, ) Agency Nos. 4G-770-0195-99,
4G-770-0196-99
United States Postal Service, )
4G-770-0197-99, 4G-770-0198-99
Agency. )
4G-770-0199-99, 4G-770-0200-99
_________________________) 4G-770-0201-99,
4G-770-0202-99
4G-770-0203-99,
4G-770-0204-99
DECISION
On November 26, 1999, complainant filed timely appeals with this
Commission from ten separate final agency decisions (FADS) pertaining to
her ten complaints of unlawful employment discrimination in violation of
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e
et seq., and the Rehabilitation Act of 1973, as amended, 29 U.S.C. �
791, et seq.<1> The Commission hereby consolidates and accepts all ten
appeals pursuant to 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified
at 29 C.F.R. � 1614.606). For the reasons set forth below, we AFFIRM
the dismissal of all the complaints.
On January 21, 1999, complainant contacted the EEO office regarding
claims of discrimination and harassment based on race, sex, disability,
and reprisal. Informal efforts to resolve her concerns were unsuccessful,
and complainant received her Notices of Right to File Individual Complaint
(Notices) on March 22, 1999. According to the record, complainant's
complaints were filed on August 13, 1999, stamped as �hand delivered�
with a note of explanation that she had originally mailed the complaints
on April 21, 1999, but that the EEO office apparently did not receive
them at that time. Complainant further stated that she resubmitted the
complaints in August 1999, pursuant to instructions she received from
the EEO office after informing them of this situation.
The agency issued separate FADS dismissing each of the ten complaints
pursuant to 64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and
hereinafter referred to as 29 C.F.R. � 1614.107(a)(2)), on the grounds
that the complaints were untimely filed. Specifically, the agency
determined that complainant received the Notices on March 22, 1999,
and that her complaints were filed on August 13, 1999, which was beyond
the 15-day limitation period.
On appeal, complainant argues that her Supervisor denied her requests for
official time to prepare the complaints, and that she therefore did not
meet with an EEO representative until April 19, 1999, when she completed
the complaints over the next two days, and mailed them on April 21, 1999.
Additionally, complainant contends that it was not until August 1999,
when she called the EEO office to check the status of her complaints,
that she was told they were never received. Therefore, complainant
argues that the complaints should be deemed timely filed.
In response, the agency argues that assuming arguendo that complainant
filed the complaints on April 21, 1999, her complaints would still have
been filed beyond the 15- day filing requirement. The agency noted that
complainant frequently engaged in the EEO process and was therefore well
aware of this time requirement. Moreover, the agency also argues that
complainant failed to exercise prudent regard for filing the complaints
on time. Specifically, the agency noted that her correspondence with an
agency EEO office on April 19, 1999, wherein she complained about the
denial of official time for preparation of her complaints and wherein
she requested assistance in the preparation of her complaints, occurred
more than fifteen days after she received the Notices on March 22, 1999.
EEOC Regulation 29 C.F.R. � 1614.107(a)(2) states, in pertinent part,
that an agency shall dismiss a complaint which fails to comply with the
applicable time limits contained in Fed. Reg. 37,644, 37,656 (1999)(to
be codified and hereinafter referred to as 29 C.F.R. � 1614.106), which,
in turn, requires the filing of a formal complaint within fifteen (15)
days of receiving notice of the right to do so.
The Notices indicated that complainant had to file her formal complaints
within fifteen (15) calendar days of receipt of the Notices. Complainant
failed to do so. Even if complainant filed the formal complaints on April
21, 1999, as she argues, the complaints would nonetheless be untimely
filed. On appeal, the Commission determines that no persuasive arguments
or evidence have been presented to warrant an extension of the time limit
for filing the complaint because the record shows that complainant knew
of the 15- day time limitation, yet failed to act in a diligent manner
to ensure the timely filing of her complaints. Accordingly, the agency's
final decisions dismissing the complaints are AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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 9, 2000
______________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.