0120142930
02-04-2015
Complainant, v. Thomas E. Perez, Secretary, Department of Labor, Agency.
Complainant,
v.
Thomas E. Perez,
Secretary,
Department of Labor,
Agency.
Appeal No. 0120142930
Agency No. 1410028
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision (Dismissal) dated August 1, 2014, 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., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Claims Examiner at the Agency's Division of Energy Employee's Occupational Illness Compensation Programs facility in Seattle, Washington.
On January 21, 2014, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race (Caucasian), national origin (Caucasian), sex (female), religion (Mormon), color (White), disability, age (47), and reprisal for prior protected EEO activity under an EEO statute that was unspecified in the record when:
1. From August 2012 to February 2013, Complainant was told various times by her former manager that Complainant should "give up" and quit her job;
2. Between August 2012 and February 2013, Complainant's former manager made training and work production difficult for Complainant by encouraging other employees to shun her, failing to provide clear instructions to her, belittling her, and reassigning Complainant's work to other employees;
3. Between August 24, 2012 and February 2013, Complainant was forced to conduct non-work essential duties, including hand carrying mail and documents for processing, and researching software and technologies, which kept Complainant from being able to perform her actual work duties;
4. Between August 24,2012 and February 2013, Complainant's workplace was reorganized several times, and Complainant was also moved to a new unit;
5. Between August 24, 2012 and February 2013, Complainant was called into private meetings by her former manager, who would threaten Complainant's job, criticize and verbally abuse her, and subject her to constant scrutiny;
6. Between August 24, 2012 and February 2013, Complainant was sent to appointments to prove her competency to work, but these appointments offered no benefit to her;
7. From November 2012 to August 2013, Complainant's requests for reasonable accommodations were denied;
8. Between March 2013 to May 2013, Complainant was asked by the Agency to see an Agency contracted psychiatrist;
9. In July 2013, Complainant's request for a reasonable accommodation for a suitable chair was not fulfilled; and
10. On August 5, 2013, Complainant was terminated during her probationary period.
The Agency dismissed the claims for untimely filing of the Formal Complaint.
ANALYSIS AND FINDINGS
The regulation set forth at 29 C.F.R. � 1614.107(a)(2) states, in pertinent part, that an agency shall dismiss a complaint which fails to comply with the applicable time limits contained in 29 C.F.R. � 1614.106(b) which, in turn, requires the filing of a formal complaint within fifteen (15) days of receiving the notice of the right to do so. The record shows that Complainant received the notice of right to file via email on December 27, 2013. Complainant sent a return email to the Agency that same day, confirming she had received the notice by that date. The notice of right to file notified Complainant that she had fifteen (15) days from the date of receipt to file a Formal Complaint, and directed her to file the Formal Complaint with the Agency's Civil Rights Center in Washington DC. The notice provided the full mailing address of the Civil Rights Center. The record shows that, instead of mailing the Formal Complaint to the Agency's Civil Rights Center in Washington DC, Complainant mailed it to the EEOC's Seattle Field Office in Seattle, Washington, where it was received on or about January 6, 2014. The Formal Complaint was not received at the correct address until January 21, 2014, which is beyond the fifteen (15) day deadline required under � 1614.106(b).
The Commission has previously held that when a complainant has been provided with the proper address, filing at the wrong address does not constitute a proper filing. See Pacheco v. United States Postal Service, EEOC Request No. 05930700 (September 10, 1993) (appeal untimely when sent to wrong address despite receipt of proper instructions); Meggitt v. United States Postal Service, EEOC Appeal No. 01A40408 (February 3, 2004)(above principle applied to a formal complaint that was untimely filed). On appeal, Complainant contends that she was not provided the correct address to mail the Formal Complaint. A review of the notice of right to file, however, shows that it did contain the correct address for filing the Formal Complaint. On appeal, Complainant has not offered any other justification to warrant an extension of the time limit for filing the complaint.
CONCLUSION
The Dismissal is AFFIRMED.
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 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
February 4, 2015
__________________
Date
2
0120142930
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120142930