0120090847
05-27-2009
Stephanie G. Rigopoulos, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Stephanie G. Rigopoulos,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120090847
Agency No. 1B017000108
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated November 21, 2008, 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.
At the time of the events at issue, complainant was employed by the agency
as a Casual employee at the Westborough, Massachusetts Post Office. She
was hired in November 2007 into a temporary position to assist with the
large volume of holiday mail. In an EEO complaint filed on November 6,
2008, complainant alleged that she was subjected to discrimination on
the basis of sex (female) when she was sexually harassed by a co-worker.
Briefly, complainant alleged that on November 29, 2007, she was
subjected to inappropriate behavior by the employee assigned to train her.
Specifically, complainant alleged the coworker was "overgenerous" with his
praise for her performing even the simplest task, he used the pretense
of showing her how to operate a pallet vehicle to press against her,
he kept talking to her after her shift had ended and escorted her as
she was exiting the facility, and he kissed her on the cheek and hugged
her as she left. Complainant promptly reported this incident to the
local police, as well as agency management. According to complainant,
management offered her a position in another facility so she would not
have to encounter the coworker again.
The agency dismissed complainant's complaint pursuant to 29 C.F.R. �
1614.107(a)(2), for untimely EEO Counselor contact, asserting she did
not contact the counselor within the required 45-day period. The instant
appeal followed.
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 record establishes that the alleged discriminatory event in this
matter occurred on November 29, 2007, but complainant did not initiate
contact with an EEO Counselor until September 2, 2008, approximately
ten months after the alleged incident, and well beyond the forty-five
(45) day limitation period.1
On appeal, complainant has presented no persuasive arguments or
evidence warranting an extension of the time limit for initiating EEO
counselor contact. Complainant argues that she was not aware of the
limitation period for contacting an EEO counselor. However, the record
contains an affidavit from an agency official attesting to the fact
that EEO counseling posters were on display in complainant's facility
that contained the 45-day limitation period. Moreover, the record
establishes, and complainant admits, that she attended new employee
orientation training on November 27, 2007, just two days before the
alleged incident, in which materials containing the 45-day limitation
period for EEO counseling were disseminated. In her statement on appeal,
complainant states no particular attention was focused on the time
limits for contacting the EEO counselor. Nonetheless, the Commission
finds complainant was put on notice as to the time limits. Finally,
complainant's reliance on her report of the alleged harassment to the
police and management to resolve her claims does not excuse an untimely
EEO Counselor contact. The Commission has consistently held that the
utilization of agency procedures, union grievances, and other remedial
processes does not toll the time limit for contacting an EEO counselor.
See Ellis v. United States Postal Service, EEOC Appeal No. 01992093
(November 29, 2000).
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
May 27, 2009
__________________
Date
1 The record indicates that complainant also filed a charge of
discrimination with the Massachusetts Commission on Discrimination on
May 21, 2008. Even using that date, her EEO counseling contact would be
considered untimely. That matter was dismissed by the Commission for
lack of jurisdiction on June 17, 2008. We note that even after this
dismissal, complainant waited nearly three more months to contact the
agency's EEO counselor.
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0120090847
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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