0120091553
06-24-2010
Phyliss Sheppard, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Headquarters) Agency.
Phyliss Sheppard,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Headquarters)
Agency.
Appeal No. 0120091553
Agency No. 6X-000-0040-08
DECISION
Upon review, we find that the Agency in its decision dated September 22,
2008, properly dismissed Complainant's complaint due to untimely EEO
Counselor contact pursuant to 29 C.F.R. � 1614.107(a)(2). The Agency's
decision dismissing the complaint is AFFIRMED.
BACKGROUND
In her complaint dated July 31, 2008, which was later amended, Complainant
alleged discrimination based on race (African American), sex (female),
and age (over 40) when: from January 7, 2008, through February 2008,
she was denied appropriate training; and on April 12, 2008, she was
removed from the Professional Specialist Trainee (PST) Program; and she
was not permitted to work the November 2007 open season.
ANALYSIS AND FINDINGS
The record indicates that the last alleged incident occurred on April
12, 2008, when she was removed from the PST Program. The record also
indicates that in her letter dated April 11, 2008, Complainant's
supervisor issued Complainant informing of the same. Complainant,
however, did not contact an EEO Counselor regarding her complaint
until June 5, 2008, which was beyond the 45-day time limit set by the
regulations. EEO Dispute Resolution Specialist's (DRS) Inquiry Report,
at 1. Complainant claimed that she waited until May 23, 2008, when her
Form 50 was processed, to contact an EEO Counselor. Id. at 3. However,
since Complainant was clearly informed of the alleged incident on April
11, 2008, and the effective date of the incident was April 12, 2008,
we find that her waiting until she received Form 50 did not constitute
adequate justification to warrant an extension of the time limit for
initiating EEO contact.
Accordingly, 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
6/24/10
__________________
Date
2
0120091553
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013