Venetta S.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.Download PDFEqual Employment Opportunity CommissionApr 8, 20160520160029 (E.E.O.C. Apr. 8, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Venetta S.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency. Request No. 0520160029 Appeal No. 0120151720 Agency No. 4C440008015 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120151720 (September 2, 2015). U.S. Equal Employment Opportunity Commission (EEOC or Commission) Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. § 1614.405(c). In her underlying complaint, Complainant alleges that the Agency subjected her to discrimination on the bases of race (Black), national origin (African-American), sex (female), color (brown), disability (mental), age (born in 1955), and reprisal (for prior protected EEO activity) when since October 24, 1999, she was denied appeal rights when her mixed case 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. 0520160029 2 complaint filed with the Merits Systems Protection Board (MSPB) was dismissed for lack of jurisdiction.2 On April 14, 2015, the Agency dismissed the formal complaint on the grounds of untimely EEO counselor contact pursuant to 29 C.F.R. § 1614.107(a)(2), determining that Complainant requested pre-complaint counseling over 15 years after the alleged discriminatory event occurred. In her reconsideration request, Complainant again contends that the Agency failed to notify her of her right to file a complaint after the MSPB concluded that it did not have jurisdiction over her constructive discharge claim. Complainant contends that had she been aware of her rights in 1999, she would have pursued her claims through the EEO process. After reviewing the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the Commission to deny the request.3 The decision in EEOC Appeal No. 0120151720 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. 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. 2 The underlying discriminatory event is a constructive discharge which took place on January 2, 1999. 3 We agree with the previous decision that even though the Agency had a responsibility to advise Complainant of her rights after the MSPB dismissed her complaint in 1999, Complainant failed to act with due diligence in waiting approximately 15 years from the date of the first alleged discriminatory event before she contacted an EEO counselor on February 10, 2015. 0520160029 3 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 April 8, 2016 Date Copy with citationCopy as parenthetical citation