Joaniev.Speight, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Capital Metro Area), Agency.

Equal Employment Opportunity CommissionOct 20, 2011
0120112799 (E.E.O.C. Oct. 20, 2011)

0120112799

10-20-2011

Joanie V. Speight, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Capital Metro Area), Agency.




Joanie V. Speight,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service,

(Capital Metro Area),

Agency.

Appeal No. 0120112799

Agency Nos. 1K-276-0049-08, 1K-276-0011-10

DISMISSAL OF APPEAL

Complainant filed an appeal with this Commission from the Agency’s

final decision, dated March 25, 2011, concerning her complaints of

unlawful employment discrimination. In her complaints, Complainant

alleged that on August 14, 2008, she was issued a 7-day suspension,

and since September 2009, she was subjected to harassment in that on

November 16, 2009, she was given a Letter of Warning. EEOC Regulation

29 C.F.R. § 1614.402 provides that appeals to the Commission must be

filed within 30 calendar days after complainants receive notice of the

Agency’s decision. On May 25, 2011, the Agency submits a copy of

USPS Track/Confirm record reflecting that the Agency’s final decision

was delivered to Complainant’s mailing address on April 1, 2011.

Agency’s Reply Brief or Brief in Opposition to Complainant’s Petition

for Appeal, Exhibit 1. The record reveals that the Agency’s decision

explicitly informed Complainant of the time limits on her right to appeal.

However, Complainant filed the instant appeal postmarked on May 6, 2011,

which was beyond the thirty (30) day time limit set by the regulations.

On June 7, 2011, Complainant submits her brief reiterating the merits

of her complaints but does not contest her April 1, 2011 receipt of the

Agency’s decision. Thus, we find that Complainant fails to submit any

adequate justification to invoke waiver or equitable tolling for filing

the appeal. Accordingly, the appeal is DISMISSED as untimely pursuant

to 29 C.F.R. § 1614.403(c).

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0610)

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), at 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 (S0610)

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 (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

10/20/11

__________________

Date

2

0120112799

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013