Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency.Download PDFEqual Employment Opportunity CommissionJan 7, 20150120132971 (E.E.O.C. Jan. 7, 2015) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 , Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency. Appeal No. 0120132971 Agency No. 1C-452-0017-12 DISMISSAL OF APPEAL By Notice of Appeal postmarked July 29, 2013, Complainant filed an appeal with this Commission from the April 23, 2013 final Agency decision (FAD) concerning his EEO 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. EEOC Regulation 29 C.F.R. §1614.402 provides that appeals to the Commission must be filed within 30 calendar days after Complainant receives notice of the Agency's decision. The record indicates that on April 23, 2013, the Agency sent, via Priority Mail, its FAD to Complainant's address of record. The FAD explicitly informed Complainant of the 30-day time limit on his right to appeal. Complainant filed the instant appeal on July 29, 2013, well beyond the limitation period. The record indicates, however, that the FAD was returned as “Unable to Forward.” On appeal, Complainant states that his address changed in April 2013, but admits that he did not notify the Agency of the change. The Commission notes that Complainant is responsible for notifying the Agency of address changes. See 29 C.F.R. § 1614.105(b)(1). Further, the Commission has repeatedly held that a complainant may be deemed to have constructively received documents mailed to their last known address when they fail to notify the Agency of an address change. See Darnell v. Dep't of Agric., EEOC Request No. 05940970 (Oct. 5, 1995). Thus, the Commission finds that Complainant has not offered adequate justification for an extension of the applicable time limit for filing his appeal. Accordingly, Complainant's July 29, 2013 appeal is hereby DISMISSED. See 29 C.F.R. § 1614.403(c). 0120132971 2 STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0610) 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), at 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 (S0610) 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 (Z0610) 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 0120132971 3 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 Date January 7, 2015 Copy with citationCopy as parenthetical citation