Kristen Gordon, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 31, 2000
05a00748 (E.E.O.C. Oct. 31, 2000)

05a00748

10-31-2000

Kristen Gordon, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Kristen Gordon v. United States Postal Service

05A00748

October 31, 2000

.

Kristen Gordon,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A00748

Appeal No. 01992863

Agency No. 4E-840-0035-97

DISMISSAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Kristen

Gordon v. United States Postal Service, EEOC Appeal No. 01992863

(March 7, 2000).<1> By regulation, requests for reconsideration must

be filed within 30 calendar days after the party receives our previous

decision. 29 C.F.R. � 1614.405(b). A document is timely if it is

received or postmarked before the expiration of the applicable filing

period, or, in the absence of a legible postmark, is received by mail

within five days of the expiration of the applicable filing period. 29

C.F.R. � 1614.604(b).

As part of the previous decision, complainant received a certificate

of mailing notice stating that the Commission presumed receipt of

the decision within five calendar days of the March 7, 2000 date

it was mailed, making the presumed date of receipt March 12, 2000.

Complainant's request for reconsideration was postmarked May 8, 2000,

which was beyond the 30-calendar-day limitation period. In her request,

complainant not only has offered no evidence to rebut the Commission's

presumption of the date of receipt of the decision, but admits in her

request that �the deadline for requesting reconsideration has long past.�

Although complainant also requests a waiver of the time-limits, she does

not submit adequate justification for extending the 30-day filing period

for filing her request for reconsideration. Accordingly, complainant's

request for reconsideration is hereby DISMISSED. The decision in EEOC

Appeal No. 01992863 remains the Commission's final decision. There is no

further right of administrative appeal on the decision of the Commission

on this request for reconsideration.

ORDER

The agency is ORDERED to notify the complainant of her right to obtain

counseling on the subsequent claims of discrimination raised during the

processing of her breach allegations as defined by this decision within

fifteen (15) calendar days of the date this decision becomes final.

The agency will deem February 2, 1999, as the date of the initial EEO

counselor contact for processing of the complainant's subsequent claims.

A copy of the agency's notice sent to the complainant pursuant to this

ORDER and any other documentation pertaining to the agency's compliance

with this ORDER must be sent to the Compliance Officer as referenced

below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement of

the order. 29 C.F.R. � 1614.503(a). The complainant also has the right

to file a civil action to enforce compliance with the Commission's order

prior to or following an administrative petition for enforcement. See 29

C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,

the complainant has the right to file a civil action on the underlying

complaint in accordance with the paragraph below entitled "Right to File

A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action

for enforcement or a civil action on the underlying complaint is subject

to the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the

complainant files a civil action, the administrative processing of the

complaint, including any petition for enforcement, will be terminated.

See 29 C.F.R. � 1614.409.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (Q0900)

This decision affirms the agency's final decision/action in part, but it

also requires the agency to continue its administrative processing of a

portion of your complaint. 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 on both that portion

of your complaint which the Commission has affirmed and that portion

of the complaint which has been remanded for continued administrative

processing In the alternative, you may file a civil action after

one hundred and eighty (180) calendar days of the date you filed your

complaint with the agency, or filed your appeal with the Commission.

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. 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

October 31, 2000

__________________

Date

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

__________________

Date

______________________________

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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.