01a45478
11-22-2004
Lisa J. Sliepcevic, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Lisa J. Sliepcevic v. United States Postal Service
01A45478
11-22-04
.
Lisa J. Sliepcevic,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A45478
Agency No. 4J-606-0177-04
DECISION
On August 6, 2004, Lisa J. Sliepcevic (complainant) filed an appeal from
the agency's final decision dated July 7, 2004, dismissing complainant's
complaint of unlawful employment discrimination in violation of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The appeal is timely filed (see 29 C.F.R. � 1614.402(a)) and is accepted
in accordance with 29 C.F.R. � 1614.405.
Complainant sought EEO counseling on March 2, 2004, claiming that
the agency failed to accommodate her in July 2001, and prior, and
subsequently removed her in February 2002. The agency dismissed her
complaint for untimely EEO contact pursuant to 29 C.F.R. � 1614.107(a)(2)
of the Commission's regulations. On appeal, complainant, through her
physician, stated that her mental status prevented her from taking action
within the EEO process.
The Commission's regulations require that a complainant bring his/her
claim to the attention of an EEO counselor within 45 days of an alleged
discriminatory event or the effective date of an alleged discriminatory
personnel action. 29 C.F.R. �1614.105(a)(2). In the instant matter,
complainant contacted an EEO counselor two years after her removal,
well beyond the 45-day time limitations period, and she did not offer
sufficient explanation or justification for the delay. See 29 C.F.R. �
1614.604(c).
Complainant presented no explanation or evidence that she was so
totally incapacitated that she was unable to act within 45 days of her
removal in February 2002. See Weinberger v. Department of the Army,
Request No. 05920040 (February 21, 1992). We note, in addition, that
complainant was not so incapacitated that she was unable to pursue
relief in another forum, in that, her statement referred to proceedings
regarding complainant's disability before the state, and that she had
previously participated in the EEO process. We find, therefore, that
the agency properly dismissed her complaint.
CONCLUSION
Accordingly, the agency's decision is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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
____11-22-04______________
Date