Jenie Frazier, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionAug 27, 2009
0120091870 (E.E.O.C. Aug. 27, 2009)

0120091870

08-27-2009

Jenie Frazier, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Jenie Frazier,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 0120091870

Agency No. 1G-711-0001-09

DECISION

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

decision dated February 10, 2009, 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.

Upon review, the Commission finds that complainant's complaint was

properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), due to the

untimely filing of the formal complaint. In her complaint, complainant

alleged that she was subjected to discrimination on the bases of race

(Black), sex (female), color (Black), and reprisal for prior protected

EEO activity when:

1. On August 15, 2008, complainant was placed off the clock;

and

2. On September 12, 2008, complainant was issued a 14-day

suspension for "improper conduct."

The record discloses that complainant's attorney received the notice

of right to file a formal complaint on November 17, 2008. Although the

notice indicated that complainant had to file a formal complaint within

fifteen (15) calendar days of its receipt, complainant did not file her

formal complaint until January 16, 2009, which is beyond the limitation

period.1 On appeal, complainant has not offered adequate justification

to warrant an extension of the time limit for filing the complaint.

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

complaint is affirmed.2

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

August 27, 2009

__________________

Date

1 We note that the regulations provide that "[w]hen the complainant

designates an attorney as

representative, service of all official correspondence shall be made

on the attorney and the complainant, but time frames for receipt of

materials shall be computed from the time of receipt by the attorney.

29 C.F.R. � 1614.605(d).

2 The Commission affirms the dismissal of the complaint pursuant to

29 C.F.R. � 1614.107(a)(2). Therefore, we need not address the other

reasons the agency dismissed the complaint at hand.

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0120091870

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0120091870