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