01a00591
03-01-2001
Diane M. Giddings, Complainant, v. William J. Henderson, Postmaster General United States Postal Service (Pacific Area Office), Agency.
Diane M. Giddings v. United States Postal Service
01A00591
March 1, 2001
.
Diane M. Giddings,
Complainant,
v.
William J. Henderson,
Postmaster General
United States Postal Service
(Pacific Area Office),
Agency.
Appeal No. 01A00591
Agency No. 1E-853-0031-99
DECISION
Complainant filed a timely appeal with this Commission from an agency's
final decision dated September 3, 1999, 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.
In her complaint, complainant alleged that she was subjected to
discrimination on the bases of race (Black) and sex (Female) when:
on October 2, 1998, the complainant became aware of a letter that the
Manager of Distribution Operations wrote to the Labor Relations Office
which she believes subjected her to a hostile work environment.
The agency dismissed the complaint pursuant to EEOC Regulation 29 C.F.R.�
1614. 107 (a) (2), for failure to comply with applicable time limits.
Specifically, the agency noted that complainant received a notice of
her right to file a discrimination complaint (Notice of Right to File)
on August 14, 1999. Complainant did not file a formal EEO complaint
with the agency until September 1, 1999, three days past the requisite
15 day time period.
EEOC Regulation 29 C.F.R. � 1614.106(b) requires the filing of a written
complaint with an appropriate agency official within fifteen (15)
calendar days of the date of receipt of the notice of the right to file
a formal complaint. 29 C.F.R. � 1614.107(a)(2) provides that the agency
shall dismiss a complaint that fails to comply with the applicable time
limits contained in �� 1614.105, 1614.106, and 1614.204(c), unless the
agency extends the time limits.
In the case at hand, complainant argued that her Notice of Right to
File was dated November 22, 1999, and that she filed a formal complaint
on December 7, 1999. The record establishes, however, that complainant
received the Notice of Right to File on August 14, 1999 <1> and sent her
formal complaint by certified mail on September 1, 1999. In order to be
deemed timely filed, complainant' s complaint should have been received
or postmarked by August 30, 1999.<2> As her complaint is postmarked
September 1, 1999, it is untimely. Complainant failed to establish that
the time limit should be waived or otherwise extended.
Accordingly, after a careful review of the record, we find that the
agency's dismissal of the complaint was proper and hereby AFFIRM the FAD.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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 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 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 (S0900)
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
March 1, 2001
Date
1The Notice of Right to File is dated August
12, 1999.
2August 29, 1999, fifteen days from complainant's receipt of the Notice
of Right to File, was a Sunday. The time period therefore is extended
to the next business day, Monday, August 30, 1999.