Nancy Figueroa, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 16, 2006
01a60027 (E.E.O.C. Mar. 16, 2006)

01a60027

03-16-2006

Nancy Figueroa, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Nancy Figueroa,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A60027

Agency No. 4C-440-0220-05

DECISION

Complainant filed a timely appeal with this Commission from the agency's

decision dated August 24, 2005, 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. and

the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29

U.S.C. � 621 et seq. Upon review, the Commission finds that complainant's

complaint was properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2),

due to the untimely filing of the formal complaint. In her complaint,

complainant alleged that she was subjected to discrimination on the

bases of race (unidentified), national origin (Mexican), sex (female),

age (D.O.B. 12/12/56), and reprisal when:

1. On June 4, 2005, complainant requested four hours of annual leave

and was not notified until June 9, 2005, that her request was denied.

2. On June 9, 2005, complainant asked if a co-worker would be sent home

because she was wearing cut-off sweats. Complainant was told no and

then all of the female employees were called into the office to read

the dress code.

3. On June 9, 2005, complainant was sent home without a warning.

4. On June 16, 2005, complainant was told that the Form 1260,

Reimbursement for Travel, was unacceptable and management would not sign

her drive-out agreement and would not provide her with transportation

until she called the union; and

5. On June 17, 2005, complainant requested time for June 18, 2005,

to fill out new EEO papers and her request was ignored.

The record discloses that complainant's attorney received the notice

of right to file a formal complaint on July 13, 2005.1 Although the

notice indicated that complainant had to file a formal complaint within

fifteen (15) calendar days of its receipt, complainant did not file her

formal complaint until August 16, 2005, which is beyond the limitation

period. The Commission notes that the regulations indicate that when a

complainant designates an attorney as a representative, service of all

official correspondence shall be made on the attorney and the complainant,

but the timeframes for receipt of materials shall be computed from the

time of receipt by the attorney. 29 C.F.R. �1614.605(d). On appeal,

complainant has not offered adequate justification to warrant an extension

of the time limit for filing the complaint. Accordingly, the agency's

final decision dismissing complainant's complaint 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

March 16, 2006

__________________

Date

1 The record indicates that complainant designated her attorney as her

representative in her pre-complaint form dated June 13, 2005.

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01A60027

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

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01A60027