0120091552
06-24-2010
Thackery Saussy, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Capital Metro Area), Agency.
Thackery Saussy,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Capital Metro Area),
Agency.
Appeal No. 0120091552
Agency No. 4K-200-0154-08
DECISION
Upon review, we find that the Agency in its decision dated November 12,
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
The record indicates that Complainant alleged discrimination based on
sex (male) and disability (strokes) when he was denied his request for
reasonable accommodation. The record indicates that Complainant had
a stroke on October 6, 2007, and never returned to work thereafter.
EEO Dispute Resolution Specialist's (DRS) Inquiry Report, at 3.
The record also indicates that Complainant sent his letter dated October
24, 2007, to his supervisor requesting a reasonable accommodation for
his disability. Report of Investigation (ROI), at Exhibits (Ex.).
Thereafter, Complainant retired based on his disability effective April
29, 2008, which is not a live issue in this case. Id.
ANALYSIS AND FINDINGS
After a review of the record, we find that the last alleged discriminatory
event occurred on April 29, 2008, i.e., the effective date of the
retirement, but Complainant did not contact an EEO Counselor until June
25, 2008,1 which was beyond the 45-day time limit set by the regulations.
On appeal, other than his mere statements, Complainant fails to provide
any evidence that he was so physically or emotionally incapacitated as
to be unable to make timely EEO Counselor 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
1 In its final decision, the Agency improperly stated that Complainant
contacted an EEO Counselor on July 29, 2008.
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2
0120091552
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013