[Redacted], Ester L., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

Jun 17, 2021

Appeal No. 2021002781 (E.E.O.C. Jun. 17, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Ester L.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Eastern Area), Agency. Appeal No. 2021002781 Agency No. 1J-482-0007-21 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated February 16, 2021, dismissing her 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. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Customer Care Agent, 06-CC, at the Agency’s Customer Contact Center in Troy, Michigan. On February 5, 2021, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race (African American), color, sex (female), religion, disability (depression), and/or reprisal for prior protected EEO activity when: 1. On June 17, 2017, Complainant was issued a Notice of Removal. 2. Management gave Complainant’s name and address to her coworker who used her personal information to file a false police report and personal protection order. 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. 2021002781 2 3. Complainant’s coworker followed Complainant to her car on her lunch break. 4. Complainant’s coworker informed her to take her medication after Complainant returned from the hospital. 5. Management disregarded Complainant’s family’s health, disabilities, privacy and safety. 6. Around May 2018, Complainant received letters of indebtedness. 7. On September 28, 2017, Complainant was terminated effective August 31, 2020. The Agency dismissed the Complainant’s claim in its entirety pursuant to 29 C.F.R. §§ 1614.105(a)(1), 1614.107(a)(2), for untimely EEO Counselor contact. In addition, the Agency dismissed claim 6 pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim. In doing so, the Agency found that claim 6 was “a collateral attack on the proceedings of another forum, specifically, the Debt Collection Act.” The instant appeal followed. ANALYSIS AND FINDINGS The matter before us is whether the Agency properly dismissed Complainant’s complaint for 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 EEO 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. In the present case, Complainant claims that the incidents in question were part of continuous harassment against her. The record discloses that the latest alleged discriminatory event occurred on August 31, 2020, Complainant’s effective termination date. But Complainant did not contact an EEO counselor until November 10, 2020, which is beyond the 45-day limitation period. On appeal, Complainant has presented no persuasive arguments or evidence warranting an extension of the time limit for initiating EEO Counselor contact. Consequently, we find the Agency properly dismissed Complainant’s complaint under 29 C.F.R. §§ 1614.105(a)(1), 1614.107(a)(2). Also at issue is whether the Agency properly dismissed properly dismissed claim 6 for failure to state a claim, on the basis that the claim was “a collateral attack on the proceedings of another forum, specifically, the Debt Collection Act.” The Commission has no jurisdiction to interfere with monetary disputes involving an agency of the United States government and a debtor. The proper forum for Complainant to challenge the propriety of the collection process and validity of her debt is through the administrative process of the Debt Collection Act. See Baughman v. Department of Army, EEOC Appeal No. 01900865 (February 26, 1990). As such, we find the Agency properly dismissed Complainant’s complaint for failure to state a claim because it raises a matter that is outside the Commission's jurisdiction. CONCLUSION Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED. 2021002781 3 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. 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). 2021002781 4 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 June 17, 2021 Date