01A41566
06-29-2004
Olga Alamo v. United States Postal Service
01A41566
June 29, 2004
.
Olga Alamo,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area)
Agency.
Appeal No. 01A41566
Agency No. 1F-904-0024-00
Hearing No. 340-2001-03074X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's final action in the above-entitled matter.
Complainant alleged that the agency discriminated against her on the bases
of race (Hispanic), sex (female), and disability (alleged impairments of
stress and depression), in violation of Title VII of the Civil Rights Act
of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. and Section
501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq., when:
(1) On May 5, 1998, complainant was subjected to hostile work environment
harassment based on a postal customer's actions;
On July 2, 1999, complainant was converted from a transitional employee
mail carrier to a casual mail carrier;
From July 2, 1999, to September 11, 1999, complainant was required to
work extra hours without overtime and proper safety precautions;
On September 11, 1999, complainant was transferred to the Los Angeles
Bulk Mail Center (BMC); and,
On November 5, 1999, complainant was terminated from her casual mail
handler position at the Los Angeles BMC.
On June 2, 2000, the agency issued a Partial Acceptance/Dismissal,
in which it accepted claim 5 for investigation, but dismissed claims 1
through 4 for untimely EEO Counselor contact, pursuant to 29 C.F.R. �
1614.107(a)(2). On October 9, 2003, the AJ issued a decision without
a hearing regarding claim 5, finding no discrimination. The AJ
also dismissed claims 1 through 4 for untimely EEO Counselor contact.
On November 26, 2003, the agency issued Notice of Final Action adopting
the AJ's findings. As final action has now been taken on all of
complainant's claims, the instant complaint is ripe for adjudication.
Complainant did not initiate contact with an EEO Counselor until December
15, 1999. We find that claims 1 through 4 were not raised within the
forty-five (45) day limitation period for initiating EEO Counselor
contact as required under the Commission's regulations. Furthermore,
claims 1 through 4 are not related to claim 5. On appeal, complainant has
presented no persuasive arguments or evidence warranting an extension of
the time limit for initiating EEO Counselor contact. Therefore, claims
1 through 4 are hereby dismissed, pursuant to 29 C.F.R. � 1614.107(a)(2).
With regard to claim 5, after a review of the record in its entirety,
including consideration of all statements submitted on appeal, it is
the decision of the Equal Employment Opportunity Commission to affirm
the agency's final action, because the AJ's issuance of a decision
without a hearing was appropriate, see Petty v. Department of Defense,
EEOC Appeal No. 01A24206 (July 11, 2003), and a preponderance of the
record evidence does not establish that discrimination occurred.
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
June 29, 2004
__________________
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