0120092024
08-05-2009
Perry Greene, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Perry Greene,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120092024
Agency No. 4G-700-0021-09
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated March 9, 2009, dismissing his formal complaint
of unlawful 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. and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation
Act), as amended, 29 U.S.C. � 791 et seq.
On February 17, 2009, complainant filed a formal EEO complaint claiming
that that he was subjected to discrimination on the bases of race and
disability.
On March 9, 2009, the agency issued a final decision. The agency
dismissed the formal complaint on the grounds that it was not timely
filed. The agency found that complainant received the Notice of Right to
File a Complaint (Notice) on January 22, 2009, and his formal complaint
was filed on February 17, 2009, which is beyond the 15-day time limit
set by the Regulations.
EEOC Regulation 29 C.F.R.� 1614. 106 (b) provides that a complaint
must be filed within 15 days of receipt of the notice required by �
1614.105(d). Section 1614.107 (a) (2) provides that the agency shall
dismiss a complaint that fails to comply with applicable time limits
contained in � 16114.105.
The record discloses that complainant received the notice of right
to file a formal complaint on January 22, 2009. Although the notice
indicated that complainant had to file a formal complaint within fifteen
(15) calendar days of its receipt, complainant did not file his formal
complaint until February 17, 2009, which is beyond the limitation
period.
On appeal, complainant has not offered adequate justification to
warrant an extension of the time limit for filing the complaint.
Specifically, complainant argues that the agency was served on two
occasions with notice of the identity of complainant's representative,
and that an agency official "chose not to speak with his representative."
However, where, as here, complainant's representative is not an attorney,
the time for filing the formal complaint is computed from the day that
complainant receives the Notice. See Williams v. USPS, EEOC Request
No. 05990558 (November 20, 2001). The agency's final decision
dismissing complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
August 5, 2009
__________________
Date
4
0120092024
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013