01A30645_r
03-13-2003
Norma D. Henric, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Norma D. Henric v. United States Postal Service
01A30645
March 13, 2003
.
Norma D. Henric,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A30645
Agency No. 1-H-325-0031-02
DECISION
Upon review, the Commission finds that the agency properly dismissed
complainant's employment discrimination complaint pursuant to 29 C.F.R. �
1614.107(a)(2), for untimely EEO Counselor contact. In her complaint,
complainant alleged discrimination on the bases of race (Hispanic),
national origin (Ecuadorian), and age when she was removed from her
casual position.
Complainant initially was removed from employment effective January 26,
2002. On February 8, 2002, the agency retracted its removal action in
order to give complainant an opportunity to provide medical documents
or other support for a leave request. Complainant never submitted the
information, and her original removal was reinstated.
Regardless of whether the Commission considers the removal to have
occurred on January 26, 2002, or in February 2002, complainant's July 6,
2002 EEO Counselor contact was made beyond the applicable forty-five
(45) calendar day time limitation. The record further discloses that
complainant learned of the time limit in a December 4, 2000 training
class.
On appeal, complainant argues that her delay in contacting the
counselor was due to her fear of reprisal, and because she �was not
able to think.� Fear of reprisal does not justify complainant's delay.
See Duncan v. Department of Veterans Affairs, EEOC Request No. 05970315
(July 10, 1998). Further, complainant has not presented evidence that
she was incapacitated to the point of being unable to meet the regulatory
time limits. See Davis v. United States Postal Service, EEOC Request
No. 05980475 (August 6, 1998); Crear v. United States Postal Service,
EEOC Request No. 05920700 (October 29, 1992). Accordingly, the agency's
final decision 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
March 13, 2003
__________________
Date