01A41301_r
04-08-2004
Lynn A. Curd, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Lynn A. Curd v. United States Postal Service
01A41301
April 8, 2004
.
Lynn A. Curd,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A41301
Agency No. 1J-483-0093-03
DECISION
Complainant initiated contact with the agency's EEO Office on June 11,
2003. On October 1, 2003, complainant filed a formal EEO complaint
wherein she claimed that she was discriminated against on the bases
of her race (Black) and sex (female) when she was demoted after having
received a promotion. Complainant stated that some employees regained
their promotions at a later time. Complainant listed June 1, 2003,
as the date of the alleged discrimination.
By decision dated November 19, 2003, the agency dismissed the complaint
on the grounds that complainant failed to initiate contact with an EEO
Counselor in a timely manner. The agency determined that complainant's
EEO contact on June 11, 2003, with regard to her complaint, was after
the expiration of the 45-day time limit for contacting an EEO Counselor.
The agency noted that although the dates of complainant's promotion
and demotion are unknown, complainant's last day in a pay status was
January 2, 1998. The Commission agrees with the agency that complainant's
contact of an EEO Counselor was untimely. Complainant's contact of an EEO
Counselor on June 11, 2003, was more than five years after complainant
was last in a pay status with the agency. Although complainant listed
June 1, 2003, as the date of the alleged discrimination, complainant did
not specify what discriminatory act occurred on June 1, 2003. In light
of there being no showing that a specific act occurred 45 days or less
prior to complainant's initial EEO contact, we find that complainant's
EEO contact was untimely. We further find that complainant has not
submitted sufficient argument or evidence to justify an extension of
the 45-day limitation period.
Accordingly, the agency's decision dismissing complainant's complaint
was proper pursuant to 29 C.F.R. � 1614.107(a)(2) and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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 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 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 (S0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
April 8, 2004
__________________
Date