[Redacted], Dion H., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Field Areas and Regions), Agency.

Equal Employment Opportunity Commission

Dec 23, 2021

Appeal No. 2022000293 (E.E.O.C. Dec. 23, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Dion H.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2022000293 Agency No. 4J-450-0043-21 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's final decision dated September 15, 2021, dismissing a formal complaint alleging 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., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq. BACKGROUND During the period at issue, Complainant worked for the Agency as a Supervisor, Customer Service at the Agency’s facility in Columbus, Ohio. On August 24, 2021, Complainant filed a formal complaint alleging that the Agency subjected him to discrimination based on race (African American), disability, and age. On September 15, 2021, the Agency issued its final decision and determined that the formal complaint was comprised of the following two claims: 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 2 2022002923 1. On April 2, 2021, management said [to him] that he could not return to work; and 2. On April 26, 2021, [he] felt forced to sign an agreement paying back part of a debt concerning [his] Office of Workers’ Compensation [Programs] claim. The Agency dismissed claim (1) for untimely EEO counselor contact. The Agency reasoned that the Agency returned Complainant to work on April 8, 2021. However, Complainant did not initiate EEO contact until May 27, 2021, outside of the applicable time limit. The Agency dismissed claim (2) for failure to state a claim. The Agency reasoned that this matter is a collateral attack on the administrative process of the Debt Collection Act. In addition, the Agency reasoned that this matter was a collateral attack on the Office of Workers’ Compensation Programs (OWCP) process. The instant appeal followed. ANALYSIS AND FINDINGS Claim 1 - Untimely EEO Counselor Contact EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires that complaints of discrimination should be brought to the attention of the Equal Employment Opportunity Counselor within forty-five (45) days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within forty-five (45) days of the effective date of the action. The Agency properly dismissed claim (1) for untimely EEO Counselor contact. While Complainant asserts that on April 2, 2021, Agency management told him that he could not return to work, the record reflects via a Notification of Personnel Action form that Complainant returned to duty effective April 8, 2021.2 However, Complainant initiated EEO contact on May 27, 2021, more than 45 days after he returned to duty. Complainant failed to establish sufficient justification to extend the applicable time limit. Claim 2 - Failure to State a Claim The Agency also properly dismissed claim (2) for failure to state a claim. Complainant is asserting that he received a Letter of Demand requiring him to pay back money to the Agency and that the Agency pressured him to sign an agreement regarding the terms of the repayment. 2 The record also contains a timeline by Complainant indicating that he reported to work as scheduled on April 8, 2021. 3 2022002923 This issue falls with the purview of the Debt Collection Act. Commission precedent has long held that challenges to an Agency’s actions under the Debt Collection Act are not within the scope of the EEO complaint process. Baughman v. Dep’t of the Army, EEOC Appeal No. 01900865 (Feb. 26, 1990); Amato v. Dep’t of the Army, EEOC Request No. 0520070240 (July 18, 2007). The Debt Collection Act mandates that monetary disputes involving an agency of the United States government and any claimed debtor must be resolved through the provisions of the Debt Collection Act. The proper forum for Complainant to challenge these actions is through the administrative process of the Debt Collection Act. CONCLUSION Accordingly, we AFFIRM the Agency’s final decision dismissing the formal complaint for the reasons discussed above. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that 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 for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). Complainant should submit his or her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx Alternatively, Complainant can submit his or her request and arguments to the Director, Office of Federal Operations, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. 4 2022002923 An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files his or her request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the 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 (S0610) 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations December 23, 2021 Date