01a60272
03-10-2006
Melba L. Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Melba L. Williams v. United States Postal Service
01A60272
March 10, 2006
.
Melba L. Williams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A60272
Agency No. 4G-752-0304-05
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), on the grounds
of untimely EEO Counselor contact.
On July 22, 2005, complainant initiated contact with an EEO Counselor and
claimed that she was subjected to discrimination on the bases of race
and disability when from 1989 to present her pay was less than that it
should have been. Informal efforts to resolve the matter was unsuccessful
and on August 16, 2005, complainant filed the instant formal complaint.
On September 13, 2005, the agency issued a final decision. The agency
dismissed the instant complaint on the grounds of untimely EEO Counselor
contact.
The record discloses that complainant's claim relates to the purported
miscalculation of complainant's compensation in 1989. However,
complainant did not initiate contact with an EEO Counselor on the
matter until July 22, 2005. The Commission has consistently held
that a complainant must act with due diligence in the pursuit of his
claim or the doctrine of laches may apply. See O'Dell v. Department of
Health and Human Services, EEOC Request No. 05901130 (December 27, 1990).
The doctrine of laches is an equitable remedy under which an individual's
failure to pursue diligently her course of action could bar her claim.
Complainant has failed to present adequate justification pursuant to
29 C.F.R. �1614.105(a)(2), for extending the limitation period beyond
forty-five days.
The agency's final decision dismissing complainant's complaint on the
grounds of untimely EEO Counselor contact was proper and is AFFIRMED.
Because we affirm the agency's dismissal for the reason stated herein,
we will not address alternative dismissal grounds.
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
March 10, 2006
__________________
Date