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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