0120112532
04-27-2012
Felecia D. Lewis, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
Felecia D. Lewis,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Appeal No. 0120112532
Hearing No. 430-2009-00307X
Agency No. 4K-230-0021-09
DISMISSAL OF APPEAL
By Notice of Appeal sent to the Commission via facsimile on April 13, 2011, Complainant filed an appeal with this Commission from the August 6, 2010 Notice of Final Action concerning her 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. and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq. For the following reasons, the Commission DISMISSES Complainant's complaint.
BACKGROUND
Complainant filed a formal complaint dated February 5, 2009, alleging that she was subjected to disrimination based on color, sex (female), disability (Attention Deficit Hyperactivity Disorder), and in reprisal for prior protected EEO activity when:
1. From 2006 through 2008 Complainant was subjected to ongoing harassment, and
2. On November 14, 2008, Complainant was issued a Notice of Removal for violation of the Last Chance Settlement Agreement dated April 28, 2008.
Following an investigation of Complainant's complaint, Complainant requested a hearing on her complaint before an EEOC Administrative Judge (AJ). On July 29, 2010, the AJ issued a decision on Complainant's complaint granting the Agency's motion for summary judgment. The AJ found Complainant failed to prove that she was subjected to discrimination as alleged. Thereafter, the Agency issued a Notice of Final action fully implementing the AJ's decision.
A copy of the certified mail return receipt card reveals that the Notice of Final Action was received at Complainant's address of record on August 11, 2010. A review of the Notice of Final Action reveals that the Agency properly advised Complainant that she had 30 calendar days after receipt of its Notice of Final Action to file her appeal with the Commission. On appeal, Complainant acknowledges that her appeal was untimely filed; however, she asks for the appeal to be considered despite the untimeliness. Complainant has not offered adequate justification for an extension of the applicable time limit for filing her appeal. Accordingly, Complainant's April 13, 2011 appeal is hereby DISMISSED.
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
April 27, 2012
__________________
Date
2
01-2011-2532
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120112532
4
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