Cassandra E. Kendrick, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Western Area), Agency.

Equal Employment Opportunity CommissionMay 14, 2010
0120100572 (E.E.O.C. May. 14, 2010)

0120100572

05-14-2010

Cassandra E. Kendrick, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Western Area), Agency.


Cassandra E. Kendrick,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Western Area),

Agency.

Appeal No. 0120100572

Agency No. 4E970005509

DECISION

Complainant filed a timely appeal with this Commission from the agency's

decision dated October 14, 2009, 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. and

Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as

amended, 29 U.S.C. � 791 et seq. Upon review, the Commission finds that

complainant's complaint was properly dismissed pursuant to 29 C.F.R. �

1614.107(a)(2), due to the untimely filing of the formal complaint.

In her complaint, complainant alleged that she was subjected to

discrimination on the bases of race (African-American), sex (female),

disability (multiple sclerosis), and reprisal for prior protected EEO

activity when on or about May 26, 2009 and continuing, she was subjected

to hostile work environment harassment including but not limited to:

being placed on administrative leave, accused of misdelivering mail,

unfair scrutiny, being followed on her route, and denied bathroom breaks

as well as being denied reasonable accommodation and receiving discipline

including letters of warnings and suspensions.

The record discloses that complainant received the notice of right to

file a formal complaint on September 5, 20091. In accordance with EEOC

Regulation �1614.604(d), the time period for the filing of a formal

complaint is counted from the first day after receipt of the notice

of right to file a formal complaint and includes the last day of the

15-day period, unless it falls on a Saturday, Sunday, or Federal holiday,

in which case the period is extended to include the next business day;

September 21, 2009. In this matter, although the notice indicated that

complainant had to file a formal complaint within fifteen (15) calendar

days of its receipt, complainant did not file her formal complaint until

September 22, 2009, which is beyond the limitation period.

On appeal, complainant acknowledges that her formal complaint was not

filed within 15 days of her receipt of the agency's Notice. However, she

argues that the time for filing should be extended because she requested

additional time to file her formal complaint in order to gather additional

evidence to support her position. In addition, complainant contends

that the agency offered to mediate her complaint in correspondence dated

November 10, 2009. A review of the record discloses that the mediation

to which complainant refers involves Agency Case No. 4E970007609; not the

instant complaint. In that regard, the Commission finds that complainant

has not offered adequate justification to warrant an extension of the

time limit for filing the complaint.

Accordingly, the agency's final decision dismissing complainant's

complaint is affirmed for the reasons set forth herein.

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 14, 2010

__________________

Date

1 The record submitted to the Commission in this matter contains a copy of

the certified mail, green card recipt establishing by proof of signature

that the agency's Notice was received at complainant's address of record

on September 5, 2009.

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0120100572

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0120100572