Marguerite W.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency.

Equal Employment Opportunity Commission

Oct 24, 2018

0120172741 (E.E.O.C. Oct. 24, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Marguerite W.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.

Appeal No. 0120172741

Agency No. 4B-020-0070-16

DECISION

The Equal Employment Opportunity Commission (EEOC or Commission) accepts
Complainant’s appeal, pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s July 11, 2017
final decision concerning an equal employment opportunity (EEO) complaint claiming
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.

BACKGROUND

During the period at issue, Complainant worked as a Lead Sales and Services Associate, Level 7,
at the Agency’s Fields Corner Post Office facility in Dorchester, Massachusetts.

On January 10, 2017, Complainant filed an EEO complaint. Therein, Complainant alleged that
she was subjected harassment/a hostile work environment based on race, color, and in reprisal
for prior protected EEO activity.

After the investigation of the complaint, Complainant was provided with a copy of the report of
the investigation and notice of the right to request a hearing before an EEOC Administrative

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.

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Judge (AJ) or a final decision within thirty days of receipt of the correspondence. According to
the Agency, however, Complainant did not respond to the notice.

On July 11, 2017, after determining that Complainant had not requested a hearing, the Agency
issued its final decision, finding no discrimination.

The instant appeal followed. On appeal, Complainant, through her attorney, argues that the
Agency erred in issuing the July 11, 2017 final decision on the merits of her claims.
Complainant asserts that she had, in fact, requested a hearing before an EEOC Administrative
Judge within thirty days of receipt of the investigative report. Complainant provides a copy of a
document entitled Request for Hearing Form, which was completed and signed on May 2, 2017.
Complainant also provides a copy of a cover letter, dated May 2, 2017, addressed to the EEOC
District New York Office indicating that the hearing request was attached. The May 2, 2017
cover letter also indicates that Complainant sent a copy of the hearing request to the Agency’s
National EEO Investigative Services. In sum, Complainant, through her attorney, argues that she
timely requested an AJ hearing and “respectfully requests that the Agency erroneously issues
final agency decision be dismissed.”

ANALYSIS AND FINDINGS

Given the specific circumstances of this case, we find that Complainant has produced sufficient
evidence that she submitted a timely request for a hearing to the Hearings Unit of the EEOC’s
New York District Office and the Agency’s National EEO Investigative Services. Complainant
submitted a copy of the hearing request form which was mailed to the Hearings Unit of the New
York District Office and the National EEO Investigative Services. The Agency stated, on
appeal, that it has no record of receiving a copy of Complainant’s request for hearing within the
30-day regulatory time frame. We also note that the Agency was unable to supply a copy of a
certified mail return receipt or any other evidence establishing the date Complainant received the
notice of her right to request a hearing.

The Agency’s July 11, 2017 final decision is VACATED. This matter is REMANDED to the
Agency, for submission to the appropriate Hearings Unit, as detailed in the ORDER below.

ORDER

The Agency is directed to submit a copy of this decision and the complaint file to the Hearings
Unit of the EEOC’s New York District Office within fifteen (15) calendar days of the date this
decision is issued. The Agency shall provide written notification to the Compliance Officer at the
address set forth below that the complaint file has been transmitted to the Hearings Unit of the
New York District Office. Thereafter, the Administrative Judge shall process the complaint
pursuant to the procedures detailed in 29 C.F.R. § 1614.109, and the Agency shall issue a final
decision in accordance with 29 C.F.R. § 1614.110.

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IMPLEMENTATION OF THE COMMISSION’S DECISION (K0617)
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 in the digital format required by the Commission, and submitted via
the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). 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) (1994 & Supp. IV 1999). 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.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party
shall have twenty (20) calendar days of receipt of another party’s timely request for
reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405;
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110),
at Chap. 9 § VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the
Director, Office of Federal Operations, Equal Employment Opportunity Commission.
Complainant’s request may be submitted via regular mail to P.O. Box 77960, Washington, DC
20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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.
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The agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO
Portal (FedSEP). See 29 C.F.R. § 1614.403(g). 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 (R0610)
This is a decision requiring the Agency to continue its administrative processing of your
complaint. However, if you wish to file a civil action, you have the right to file such action in an
appropriate United States District Court within ninety (90) calendar days from the date that you
receive this decision. 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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission. The
court has the sole discretion to grant or deny these types of requests. Such requests do not alter
the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to
File a Civil Action for the specific time limits).
FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

October 24, 2018
Date