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.