Sharon D. Jackson, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJul 11, 2002
01A11470_r (E.E.O.C. Jul. 11, 2002)

01A11470_r

07-11-2002

Sharon D. Jackson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Sharon D. Jackson v. United States Postal Service

01A11470

July 11, 2002

.

Sharon D. Jackson,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A11470

Agency No. 1-H-331-0113-00

DECISION

Complainant initiated contact with the agency's EEO Office on August

3, 2000. On October 2, 2000, complainant filed a formal EEO complaint

wherein she claimed that she was discriminated against on the bases of

her race (Black) and sex (female) when she was bypassed for employment

from December 1998 until March 2000, even though she achieved a 90% score

on the entrance examination in September 1998. Complainant stated that

she was not hired until after she sent the agency a letter of inquiry.

Complainant stated that she completed her 90-day probationary period on

June 11, 2000.

By decision dated December 1, 2000, the agency dismissed the complaint

on the grounds that complainant failed to initiate contact with an EEO

Counselor in a timely manner. The agency determined that complainant's

EEO contact on August 3, 2000, with regard to her complaint, was after

the expiration of the 45-day time limit for contacting an EEO Counselor.

The Commission agrees with the agency. On appeal, complainant indicates

that in her letter of inquiry which was received by the agency on February

23, 2000, she informed the agency that she was aware of �friends� being

hired with a lower score than her. The Commission finds that complainant

should have reasonably suspected discrimination at the time of or prior

to her sending that letter. Complainant contends that she did not become

aware of the discrimination until July 2000, when upon her inquiry,

learned from her union representative that there had been improper hiring

by the agency during the period in question. However, the Commission

finds that this new information merely supports complainant's previous

suspicion of the alleged discrimination. The Commission has adopted a

"reasonable suspicion" standard (as opposed to a "supportive facts"

standard) to determine when the limitation period is triggered under

the EEOC Regulations. See Ball v. United States Postal Service, EEOC

Request No. 05880247 (July 6, 1988). Thus, the limitations period is not

triggered until a complainant should reasonably suspect discrimination,

but before all the facts that would support a charge of discrimination

have become apparent. Accordingly, the agency's decision dismissing

complainant's complaint was proper pursuant to 29 C.F.R. � 1614.107(a)(2)

and is AFFIRMED.

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

July 11, 2002

__________________

Date