01980014
10-09-1998
Louise B. Mol, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Louise B. Mol v. United States Postal Service
01980014
October 9, 1998
Louise B. Mol, )
Appellant, )
)
v. ) Appeal No. 01980014
) Agency No. 1-G-754-0079-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DECISION
Appellant filed an appeal with this Commission from a final decision of
the agency concerning her complaint of unlawful employment discrimination,
in violation of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. �621 et seq. The final agency decision was received
by appellant on September 23, 1997. The appeal was postmarked September
25, 1997. Accordingly, the appeal is timely (see 29 C.F.R. �1614.402(a)),
and is accepted in accordance with EEOC Order No. 960, as amended.
ISSUE PRESENTED
The issue on appeal is whether the agency properly dismissed appellant's
complaint for failure to timely initiate EEO contact.
BACKGROUND
Appellant contacted an EEO counselor on April 16, 1997, regarding
allegations of discrimination. Specifically, appellant alleged that she
was discriminated against when on January 7, 1997 appellant received a
letter from the agency denying her request for reinstatement. Informal
efforts to resolve appellant's concerns were unsuccessful. Accordingly,
on May 10, 1997, appellant filed a formal complaint of discrimination
on the basis of age (5/14/48).
On September 16, 1997, the agency issued its final decision dismissing
appellant's complaint on the grounds that appellant failed to timely
initiate contact with an EEO Counselor. The FAD determined that
appellant's April 16, 1997 contact was beyond the time period prescribed
by 29 C.F.R. �1614.105(a)(1).
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. �1614.105(a)(1) requires that an aggrieved
person must initiate contact with a Counselor within forty-five (45)
days of the date of the matter alleged to be discriminatory or, in the
case of personnel action, within forty-five (45) days of the effective
date of the action. EEOC Regulation 29 C.F.R. �1614.107(b) provides that
the agency shall dismiss a complaint or a portion of 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
accordance with �1614.604(c).
In the instant case, appellant learned on January 7, 1997 that the
agency had denied her request for reinstatement to the postal service.
In accordance with EEOC Regulations, appellant had forty-five (45) days
from that date in which to seek counseling regarding allegations of
discrimination with respect to the agency's denial of appellant's request.
The record indicates that appellant did not contact an EEO Counselor
within forty-five (45) days of the date of the alleged discriminatory
conduct; instead, appellant contacted an EEO Counselor on April 16,
1997. Appellant's contact was ninety-nine (99) days after the agency's
alleged discriminatory conduct.
On appeal, appellant asserts that she brought her concerns to the
attention of an EEO Counselor by letter dated March 27, 1997 which she
mailed to the agency EEO office in Houston, Texas. Appellant contends
that her EEO contact was timely based on her March 27, 1997 letter.
The Commission is not persuaded by appellant's assertions.
29 C.F.R. �1614.105(a)(1) requires an employee to seek counseling within
forty-five (45) days of the date of the alleged discriminatory conduct.
Appellant should properly have contacted an EEO Counselor on or before
February 21, 1997 regarding the agency's January 7, 1997 denial of
appellant's reinstatement request. In that regard, the Commission finds
that appellant's EEO contact was untimely on March 27, 1997 and/or April
16, 1997. Appellant has failed to demonstrate that the time limit should
be extended for any reason.
CONCLUSION
Accordingly, the agency's decision dismissing appellant's complaint for
failure to timely initiate EEO contact is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (MO795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive a
timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407.
All requests and arguments must bear proof of postmark and 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 filed on
the date it is received by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
October 9, 1998
DATE Ronnie Blumenthal, Director
Office of Federal Operations