01a02640
08-25-2000
Winston Judge, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Winston Judge v. United States Postal Service
01A02640, 01A02667, 01A02668, 01A02669
August 25, 2000
.
Winston Judge,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal Nos. 01A02640, 01A02667, 01A02668, 01A02669
Agency Nos. 1-H-321-0116-99, 1-H-321-0015-00, 1-H-321-0005-00,
1-H-321-0004-00
DECISION
On January 13, 2000, the agency issued four separate final decisions
dismissing four EEO complaints (from the same complainant) alleging
violations of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.<1> The agency dismissed each
complaint on the same grounds - failure to timely file a formal complaint.
Complainant timely appealed the dismissals on February 15, 2000. In each
complaint, complainant alleged that he was subjected to discrimination
on the bases of race (African-American) and in reprisal for prior EEO
activity.
In EEOC Appeal No. 01A02640 (Agency No. 1-H-321-0116-99) complainant
alleged:
On May 27, 1999, complainant was harassed about break procedures; and
On June 23, 1999, complainant was singled-out to work a job outside of
his assigned work area.
In its final decision, the agency found that complainant received
his notice-of-right-to-file-a-formal-complaint on November 5, 1999,
but failed to file the complaint until December 8, 1999. The record
includes a certified receipt card showing that complainant received the
notice-of-right-to-file on November 5, 1999. The record also contains
complainant's formal complaint, postmarked December 8, 1999.
In EEOC Appeal No. 01A02667 (Agency No. 1-H-321-0015-00), complainant
alleged:
(1) On June 14, 1999, complainant was followed and watched;
On August 25, 1999, complainant was watched;
On September 14, 1999, complainant was surrounded by management officials
and asked if he had his badge; and
On September 21, 1999, complainant was screamed at and given a direct
order to unload the truck.
In this final decision, the agency found that complainant received
his notice-of-right-to-file on November 17, 1999, but failed to file
his formal complaint until December 13, 1999. The record includes a
certified receipt card indicating that complainant received the notice
on November 17, 1999. The record also contains the formal complaint,
postmarked December 13, 1999.
In EEOC Appeal No. 01A02668 (Agency No. 1-H-321-0005-00), complainant
alleged:
On June 19, 1999, complainant was followed into the men's room; and
On July 19, 1999, complainant was given a notice of seven-day
suspension.
The agency found that complainant received his notice on November 17,
1999, but failed to file his formal complaint until December 15, 1999.
The record includes a certified receipt card indicating that complainant
received the notice on November 17, 1999. The record also contains
complainant's formal complaint, postmarked December 13, 1999.
In EEOC Appeal No. 01A02669 (Agency No. 1-H-321-0004-00), complainant
alleged that on July 5, 1999, he received a notice scheduling him for
a fitness-for-duty exam. The agency found that complainant received
his notice-of-right-to-file on November 17, 1999, but failed to file
his formal complaint until December 13, 1999. The record includes
a certified receipt card indicating that complainant received the
notice-of-right-to-file on November 17, 1999. The record also verifies
complainant's December 13, 1999 formal complaint filing.
ANALYSIS AND FINDINGS
The Commission may consolidate multiple appeals filed by the same
complainant. See 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified
and hereinafter cited as 29 C.F.R. � 1614.606). The Commission finds
it appropriate to consolidate the instant appeals.
Formal complaints must be filed within fifteen days of receiving the right
to do so. See 29 C.F.R. � 1614.106(b). The notice-of-right-to-file
must inform complainant of the fifteen day time limit. See 64
Fed. Reg. 37,644, 37,656 (1999) (to be codified as 29 C.F.R. �
1614.105(d)). The agency may dismiss complaints that do not comply with
this time limit. See 64 Fed. Reg. 37,644, 37,656 (1999) (to be codified
as 29 C.F.R. � 1614.107(a)(2)).
Here, complainant filed all four formal complaints approximately one
month after receiving the notice-of-right-to-file letters. He provides
no justification for his failure to file the complaints within fifteen
days.
CONCLUSION
Accordingly, the agency's dismissals are AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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
August 25, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.